How to Avoid Unconscious Discrimination When Hiring for Your Restaurant

  • Hiring is one aspect of your business where more information may not always be better.

  • Choose your words wisely when writing up job descriptions and qualifications to avoid Discrimination charges.

Lexington Wolff is a restaurant employment lawyer with a story. After representing a number of restaurants in employee lawsuits, she began to see a pattern. Many of the lawsuits could have been easily avoided had the restaurant just been better informed about their obligations.

But as Lexi says, once you’re in a penny, you’re in a pound. Basically, it won’t matter whether or not your practices are legal. If your employees feel slighted or misunderstand a policy, they may take you to court which is costly whether or not you are at fault.

On this episode of the Barron Report, Paul and Lexi break down the hiring process and everything you need to know about how to approach candidates.

For example, have you reviewed the wording on your job postings recently? Misused language can discriminate against certain races or handicaps. Social media background checks might get you in trouble. Even asking about drug use could get you in trouble if you violate HIPAA laws.

To learn how you should legally be running your restaurant hiring practices, listen in to this episode of The Barron Report. Tune into our last episode with Lexi for more about tip laws and pay practices. And remember, these podcasts do not constitute legal advice. For individualized advice, consult your lawyer.

Show Notes

  • 0:51 - Lexington Wolff, Restaurant Employment Lawyer

  • 2:41 - Your Greatest Risk in the Hiring Process

  • 5:03 - Job Descriptions: Choose Your Words Wisely

  • 6:27 - Qualifications VS Preferences

  • 11:51 - Job Applications Should Not Elicit Protected Information

  • 12:22 - Ban the Box

  • 17:58 - How to Legally Interview

  • 19:08 - Asking About Sexual Harassment History

  • 21:10 - DIY and Third-Party Background Checks

  • 25:36 - Drug Use and HIPAA Laws

DISCLAIMER: This podcast does not constitute legal advice. For individualized advice, seek a lawyer's services.