Fair hiring basics for home care employers
By Scott McKenzie, founder of Home Care Agency Blueprint · Updated
Federal law makes it illegal to discriminate in job ads, recruiting, interviews and hiring decisions because of race, color, religion, sex, national origin, age (40 or older), disability or genetic information. In practice that means job-related requirements, the same process for every candidate, no medical questions before a conditional offer, and hiring records you keep.
Who the rules cover
Whether a federal anti-discrimination law covers your business depends on the law and on how many people you employ, and state and local laws can cover smaller employers. The EEOC’s small business resource center explains coverage. It is simplest to hire as if the rules apply from your first caregiver.
Job ads and recruiting
A job ad may not show a preference for or discourage anyone from applying because of a protected trait, and recruiting may not be done in a way that discriminates. Describe the work, post widely, and do not rely only on word of mouth.
Applications and interviews
As a general rule, ask only for information you need to decide whether someone is qualified for the job. Employers may not ask disability-related questions before making a job offer. You can describe the job and ask whether a candidate can perform its essential functions, with or without reasonable accommodation. Avoid questions about marital status, children or childcare; ask whether the candidate can work the schedule instead.
The caregiver interview guide keeps every interview to the same job-related questions.
After a conditional offer
After you make a job offer, you can ask medical questions or require a medical exam, as long as you ask the same of everyone offered the same type of job. You cannot withdraw the offer because of a disability unless the person cannot perform the essential functions of the job, with or without reasonable accommodation, or would pose a significant risk of substantial harm.
Consistent decisions
- The same screening questions, interview questions and reference questions for every candidate for the same job.
- Written, job-related reasons for each decision.
- The same background standards for everyone, applied the way the FCRA and EEOC guidance describe.
Records and posters
EEOC rules require covered employers to keep personnel and hiring records, including applications from people not hired, for one year, and longer if a discrimination charge is filed. The EEOC also requires covered employers to post information about discrimination laws.
Your state sets the details. Federal rules set a floor for recruiting, background checks and hiring paperwork. States and cities can add their own rules, such as caregiver background checks, registry listings, training before client contact, limits on how criminal history is used, and wage rules. Check with your state licensing agency and state labor agency. For licensing items, homecarelicenseguide.com, also published by Home Care Agency Blueprint, collects each state’s sources.
What to do next
Frequently asked questions
Do these rules apply to a small agency?
Federal anti-discrimination laws apply once an employer reaches a minimum number of employees, which differs by law, and state and local laws can apply to smaller employers. Check the EEOC’s small business resource center and your state civil rights or labor agency.
Can I ask about criminal history on the application?
Federal guidance does not bar it, but you must apply the same standards to everyone, and some states and cities regulate how employers can ask about or use criminal history. Check your state and local rules.
Want to talk through your options?
A free 15-minute clarity call with Home Care Agency Blueprint. It helps people start home care agencies, so expect that perspective. You do not need a hiring plan first.
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