Interviewing – Guidance on Appropriate Questions

Reviewed April 2013

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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 employer’s 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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• 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

Laws that affect the interview process

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• 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

Laws that affect the interview process

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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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• 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.

What to ask and not ask

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• Race> A candidate’s race will usually be at least somewhat evident, but

race related discussions or questions may imply a preoccupation with that factor.

What to ask and not ask

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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

• 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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**Arrests and convictions> Instead of:

• Have you ever been arrested?

> Ask:• Have you ever been convicted of a felony? (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.

What to ask and not ask

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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!