Disclaimer: This article provides general information about legal considerations when creating job descriptions and knockout questions, not legal advice. Compliance with employment laws and regulations is ultimately your responsibility as the employer. Laws vary by location, industry, and company size. Always consult with a qualified legal professional regarding your specific circumstances.
Introduction
The job description and knockout questions are the first places where legal compliance issues can arise in your hiring process. This guide will help you create effective, legally-compliant job postings and screening questions in Truffle.
Creating Compliant Job Descriptions
What to Include
Essential functions of the job (tasks that are fundamental to the position)
Required skills and qualifications that directly relate to job performance
Equal Employment Opportunity (EEO) statement indicating you don't discriminate
Reasonable accommodation statement for applicants with disabilities
What to Avoid
Discriminatory language that could discourage protected groups from applying
Unnecessary requirements that aren't essential for job performance
Coded language that suggests a preference for particular types of applicants
Excessive qualifications that might screen out otherwise qualified candidates
Examples of Problematic vs. Better Language
Problematic | Better Alternative |
"Young, energetic person needed" | "Seeking motivated individual" |
"English must be your native language" | "Fluent English communication skills required" |
"Must be able to lift 50 pounds" (if not essential) | "Must be able to move products weighing up to 50 pounds with or without reasonable accommodation" (if truly essential) |
"Recent college graduate preferred" | "Bachelor's degree in related field required" |
Compliance in Knockout Questions
Purpose of Knockout Questions
Knockout questions automatically filter candidates who don't meet minimum requirements. Because they can significantly impact who moves forward in your process, they must be:
Directly related to essential job functions
Applied consistently to all applicants
Non-discriminatory in both content and effect
Types of Knockout Questions to Avoid
Questions That Directly Ask About Protected Characteristics
Age ("What year were you born?")
Gender, race, or national origin
Religion
Disability status
Marital or family status
Questions With Potential Disparate Impact
These questions might appear neutral but could disproportionately screen out protected groups:
Graduation dates (can reveal age)
Gaps in employment (might screen out those with medical conditions or caregiving responsibilities)
Salary history (often perpetuates existing pay disparities and is illegal in many locations)
Credit history (unless relevant to the position and legally permissible in your location)
Questions About Arrest Records
In many jurisdictions, you cannot ask about arrests that didn't lead to convictions
Some locations have "ban-the-box" laws restricting when you can ask about criminal history
Creating Legally Sound Knockout Questions
1. Focus on Essential Requirements
Each knockout question should directly connect to an essential function or requirement of the job:
Example for a Software Developer:
Compliant: "Do you have experience with JavaScript programming?"
Potentially problematic: "Do you have a Computer Science degree?" (may screen out qualified self-taught programmers)
Example for a Customer Service Role:
Compliant: "Are you available to work weekends?"
Potentially problematic: "Do you have reliable childcare?" (relates to parental status)
2. Structure Questions Carefully
Use Yes/No, Numeric, and Select formats rather than open-ended questions
Ensure pass/fail criteria are job-relevant
Set reasonable thresholds that don't unnecessarily exclude candidates
3. Apply a Business Necessity Test
For each knockout question, ask yourself:
Is this requirement essential for successful job performance?
Is there a less exclusionary alternative that would serve the same purpose?
Can we provide reasonable accommodation for this requirement?
How Truffle Helps Maintain Compliance
AI-Recommended Questions
Truffle's AI analyzes your job description and intake information to suggest appropriate knockout questions. While these recommendations are designed with compliance in mind:
Always review suggested questions for relevance to your specific role
Consider whether any questions might have unintended consequences
Edit or remove any questions that don't align with your essential job requirements
Structured Question Format
Truffle's knockout questions use structured formats (Yes/No, Numeric, Select) that:
Maintain consistency across candidates
Focus on objective criteria
Avoid open-ended responses that might reveal protected information
Legal Considerations by Question Category
Work Authorization
You can ask if candidates are legally authorized to work in the country
You cannot ask about citizenship, visa type, or national origin
Experience Requirements
Focus on specific skills and experience directly related to job functions
Ensure experience requirements don't unnecessarily screen out younger workers or career changers
Consider alternative ways to demonstrate skills
Education Requirements
Only include education requirements that are truly necessary
Consider equivalent experience as an alternative to degrees where appropriate
Avoid questions about graduation dates that could reveal age
Schedule Availability
You can ask about ability to work required schedules
Frame questions around the schedule, not the reason for availability
Be prepared to consider reasonable accommodations
Salary Expectations
In many locations, you cannot ask about salary history
You can ask about salary expectations or provide your budgeted range
Be aware of pay transparency laws in your jurisdiction
Recommended Knockout Question Limits
To maintain an effective balance between necessary screening and candidate experience:
Recommended number: 3-5 knockout questions
Maximum limit: 8 knockout questions
Using too many questions increases the risk of unnecessarily excluding qualified candidates and potentially creating compliance issues.
Testing Your Knockout Questions for Compliance
Before implementing your knockout questions, run through this checklist:
[ ] Each question directly relates to an essential job function or requirement
[ ] Questions don't ask about protected characteristics
[ ] Questions don't have obvious disparate impact on protected groups
[ ] Requirements are set at appropriate levels (not unnecessarily high)
[ ] Questions comply with federal, state, and local regulations
[ ] All candidates for the same position receive the same questions
[ ] The total number of questions is reasonable (3-5 recommended)
Where to Learn More
Remember that well-crafted, compliant job descriptions and knockout questions not only minimize legal risk but also help you identify truly qualified candidates based on their abilities to perform the job rather than irrelevant factors.