Alabama Pre-Employment Inquiries (Interviewing) laws & HR compliance analysis

Alabama Pre-Employment Inquiries (Interviewing): What you need to know

Age. Alabama has an age bias law that prohibits employment practices that discriminate on the basis of age. As a general rule, an employer would violate this law by asking questions designed to reveal an applicant's age (Ala. Code § 25-1-20). The law covers private employers with 20 or more employees and protects employees who are at least 40 years old.
Disabilities. State law prohibits state agencies and employers receiving state funds from discriminating against job applicants on the basis of disability (Ala. Code § 21-7-8). These employers should avoid asking applicants disability-related questions.
Before recruiting for a job, employers should develop a complete and accurate job description that identifies the essential functions of the job. After describing the essential job functions during an interview, an employer may then inquire if an applicant is able to perform the functions with or without a reasonable accommodation, as long as the same inquiry is made of all applicants, not just those who appear to have a disability.
Bankruptcy. The federal bankruptcy code prohibits public employers from discriminating against applicants or employees solely because they have filed for bankruptcy protection. The code also prohibits private employers from discriminating against employees solely because they have filed for bankruptcy protection. However, the 11th Circuit Court of Appeals has ruled that the federal bankruptcy code does not prevent a private employer from refusing to hire a prospective employee because he or she previously filed for bankruptcy protection (Myers v. TooJay's Mgmt. Corp., 640 F.3d 1278 (11th Cir. 2011)).
Wage history. The Clark-Figures Equal Pay Act (Ala. Code § 25-1-30 et seq.) ...

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