Interviewing – Guidance on Appropriate Questions

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Interviewing Guidance on Appropriate Questions
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Introduction

• Discrimination laws can be confusing, and
  interviewers sometimes find themselves surprised
  at what questions can be considered
  discriminatory. With time and effort, however,
  interviewers can get the information needed for
  decision making without violating the law.
• This sample presentation is intended for hiring
  managers. It is designed to be presented by an
  individual who has knowledge of legal
  interviewing practices.
• This is a sample presentation that must be
  customized to include and match the employers
  own policies and practices.

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Objectives

• At the end of this training, you will be able to
• Recognize laws that affect what questions you ask
  in interviews and how you phrase questions.
• Avoid questions that could put your company at
  risk of discrimination claims.
• Ask questions that obtain the information you
  need.

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Laws that affect the interview process

• Title VII of the Civil Rights Act of 1964
• Race
• Sex
• Color
• Nation of Origin
• Religion
• Age Discrimination in Employment Act (ADEA)
• Americans with Disabilities Act (ADA)
• Immigration Reform and Control Act (IRCA)
• Citizenship
• Nation of Origin

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Laws that affect the interview process

• National Labor Relations Act (NLRA)
• Union membership
• Uniformed Services Employment and Reemployment
  Rights Act (USERRA)
• Membership or service in the uniformed services
• Bankruptcy Act
• Child Support Enforcement Amendments

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What to ask and not ask

• Age
• Instead of
• When did you graduate?
• When do you intend to retire?
• Ask
• Are you old enough to do this type of work?
• Can you supply transcripts of your education?

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What to ask and not ask

• Disability
• Instead of
• Do you have a disability?
• Have you ever filed a workers compensation claim?
• Do you have a history of drug or alcohol abuse?

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What to ask and not ask

• Disability
• Ask
• After reviewing the job description, Can you do
  the duties listed in the job description, with or
  without accommodation?
• If a worker has an obvious disability or reveals
  a hidden disability, you may ask the person to
  describe or demonstrate how the applicant would
  perform job duties.
• Must do
• Employers must provide reasonable accommodation
  to candidates who have disabilities.

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What to ask and not ask

• Race
• A candidates race will usually be at least
  somewhat evident, but race related discussions or
  questions may imply a preoccupation with that
  factor.

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What to ask and not ask

• Religion
• Instead of
• What outside activities do you participate in?
• Ask
• What professional associations are you a member
  of?

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What to ask and not ask

• Sex/marital status
• Instead of
• Are you married?
• When do you plan to start a family?
• Do you have children?
• Ask
• Are you available to travel frequently?
• Can you work overtime with no notice?
• Can you work evenings and weekends?
• When we check references/do a background check,
  are there other names we should look under?

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What to ask and not ask

• National Origin/Citizenship
• Instead of
• Are you a citizen of the US?
• What country are you from?
• Where is your accent from?
• What nationality is your last name?
• When does your visa expire?
• Ask
• If you are hired, are you able to provide
  documentation to prove that you are eligible to
  work in the US?

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What to ask and not ask

• Financial Status
• Instead of
• Do you own a home/car?
• Have you ever filed for bankruptcy?
• Are you subject to any garnishments or child
  support orders?
• Ask
• Will you sign a form authorizing us to perform a
  credit check?

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What to ask and not ask

• Military
• Instead of
• Please provide the status of your military
  discharge.
• Will you miss work to perform military service?
• Ask
• What experience did you gain in the uniformed
  service that is relevant to the job you would be
  doing?

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What to ask and not ask

• Appearance
• Guidelines
• Employers need to be aware of religious and
  cultural variations on appearances.

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What to ask and not ask

• Arrests and convictions
• Instead of
• Have you ever been arrested?
• Ask
• Have you ever been convicted of a crime? (You
  must qualify this question by stating that a
  conviction will not automatically disqualify a
  candidate).
• The U.S. Equal Employment Opportunity
  Commission approved guidance on employer use of
  criminal background checks. While, the EEOC
  guidance does not prohibit employers from
  considering criminal information during the
  hiring process, it does require employers to take
  new steps to prevent discrimination under Title
  VII of the Civil Rights Act of 1964. Title VII
  pre-empts a state or local law requiring a
  criminal background check if the check is not job
  related and consistent with business necessity.

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Questions? Comments?
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Summary

• Select and design questions carefully to ensure
  that you get the information that you need to
  make quality hires while avoiding inquiries that
  might imply discriminatory intent.

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Course Evaluation

• Please be sure to complete and leave the
  evaluation sheet you received with your handouts.
• Thank you for your attention and interest!