This article originally appeared in the June 2018 issue of Cannabis Dispensary. To subscribe, click here.
Employee turnover is significant at dispensaries, causing dispensary owners and managers to cram interviews into already-busy schedules. However, interviews should not be an afterthought.
The interview process is completely under your control—you set the questions, establish the expectations and determine whether the candidate will be a good fit. It is an opportunity to showcase your company’s values, staff and culture. A good interview process should make candidates say, “This would be a great place to work.” But a poorly thought-out interview method, inadequate planning or inappropriate or illegal questions will not only create a negative impression for potential employees, but may also get you sued.
Tailoring your interview process and the questions you ask can help ensure your next meeting with a prospective employee isn’t in a courtroom.
Comply with Federal and State Laws
Certain questions and behaviors are regulated by state and federal laws, which are spelled out in basic HR handbooks and on a variety of websites. While every state has different laws regarding job interviews—such as the outlawing of marital status questions and/or forbidding discrimination of a prospective employee for an answer to a personal question—the dispensary owner should know there are some general “don’ts” that apply to every employer regarding questions about a candidate’s race, gender, age, religion, sexual orientation, disability or other sensitive topics.
8 Interview No-No’s:
Here are eight examples of questions that might appear well-intentioned, but are legally risky and could result in a lawsuit.
1. “Our dispensary is growing, and we need people who can work long hours. Do you have any religious issues with working on a Saturday or Sunday?”
Never ask candidates about their religious preferences, which religion they practice or how their religion might affect their work. Instead, provide the hours the candidate will be expected to work at your dispensary and confirm he or she can work those hours. If the candidate is unable to work the hours expected for the job, don’t assume or ask the reason. Remember that religious discrimination is illegal across the U.S., and while the government doesn’t specifically forbid questions about religion, there may be state laws that make them illegal.
2. “Your name is exotic; where are you originally from? Does that mean English is your second language?”
It is illegal to ask if the candidate is a U.S. citizen, where he or she was born or if he or she speaks a language that is unrelated to the job. Instead, you can ask if a person is authorized to work in the U.S. You may not ask if the candidate’s first language is English because this is essentially asking someone about his or her ethnic background or nationality, which is not permitted under the Civil Rights Act of 1964.
To read the full article in Cannabis Dispensary's June 2018 issue, click here.
Top photo: © BraunS | iStockphoto
