DOCUMENT RESUME

ED 381 517 SP 035 894

AUTHOR Blackwell, E. Harold; Carlson, GeraldTITLE Academic and Legal Ramifications of Hiring the

Best.PUB DATE Mar 95NOTE 30p.; Paper presented at the Annual Meeting of the

American Alliance for Health, Physical Education,Recreation, and Dance (Portland, OR, March 1995).

PUB TYPE Guides Non-Classroom Use (055)Speeches /Conference Papers (150)

EDRS PRICE MF01/PCO2 Plus Postage.DESCRIPTORS Administrator Selection; *Compliance (Legal);

Elementary Secondary Education; *EmploymentInterviews; Higher Education; Job Applicants; *LaborLegislation; Personnel Data; *Personnel Selection;Qualifications; *Questioning Techiques; *Resumes(Personal); Search Committees (Personnel); TeacherSelection

ABSTRACT

This paper outlines a process for hiring the bestcandidate for a faculty or staff position, particularly structuringthe process and conducting resume reviews and interviews. The entirepaper proceeds from the assumption that no management function ismore critical than the hiring of faculty and staff. The first sectionprovides suggestions for each phase of the hiring process: request tofill the position, formation of a search committee, deciding what theorganization needs, writing the job description, determining thehiring criteria, and noting the legal ramifications of criteria. Thenext section on resume evaluation and interviews opens withsuggestions for developing a candidate score-sheet (includes asample). This section also offers suggestions on analyzing theresume, checking references, and conducting a successful interview.The section on interviewing covers: what questions to ask, styles ofinterview questions, questioning techniques, why interviews fail, 12key points on which to evaluate each candidate, aid telephoneinterviews. Final sections address compiling scores, correspondence,candidate elimination, and decision-making. Appended are: informationon interviewing protected class candidates (covers illegal interviewquestions and their legal formulations); a list of obstacles toeffective interviewing; and the preemployment guide of the Collegeand University Personnel Assuciation. (JB)

***********************************************************************Reproductions supplied by EDRS are the best that can be made

from the original document.***********************************************************************

"Academic and LegalRamifications ofHiring the Best"

Presenters: E. Harold Blackwell, Professor and ChairDepartment of Health, Kinesiology and DanceLamar UniversityBeaumont, Texas

andGerald Carlson, Professor and ChairDepartment of Health, Physical Education and RecreationUniversity of Southwestern LouisianaLafayette, Louisiana

U.S. DEPARTMENT OF EDUCATIONOffice or Educational Research and Improvement

EDUCATIONAL RESOURCES INFORMATIONCENTER (ERIC)

O This document has been reproduced asreceived tram the pinion or or.71notationoriginating it

0 Minor changes have been made to improvereproduction quality

Points of new or opinions staled in this docu-ment do not necessarily represent &heistOE RI poilMon or policy

AAHPERD ConventionPortland, Oregon

March 1995

2

"PERMISSION TO REPRODUCE THISMATERIAL HAS BEEN GRAN TED BY

/7

_1.191,1,41,14t.'

TO THE EDUCATIONAL RESOURCESINFORMATION CENTER (ERIC)

INTRODUCTION

"PEOPLE WHO HIRE THE MOSTOFTEN KNOW THE LEAST ABOUT HIRING"

Robert Half - Robert Half on Hiring

No management function is more critical than the hiring of faculty and/orstaff who will go on to become competent, motivated and productiveemployees. Therefore, if hiring new employees is part of yourmanagement duties, it is imperative that you develop knowledge and skillsthat will allow you to Hire the Best Candidate.

There is no one best way to carry out the hiring process. However, thereare limitless wrong ways. The errors of hiring can be best eliminated byfollowing sound principles. The purpose of this presentation is to provideideas and suggestions for each phase of the hiring process.

THE HIRING PROCESS

"It's easy to make good decisions when there are no bad options"

Did your ultimate decision take into consideration all the importantfacts?

Was the job properly analyzed?

Were your recruiting sources used wisely?

Did you eliminate from consideration (on the basis of a resume,pe:haps) someone who could have done the job far better than theone hired?

Did you secure enough relevant information during the interview?

Were you diligent enough in regard to checking references?

REMEMBER: Hiring is a complex process. When there is a breakdown inany of the necessary procedures, the entire process is compromised.

REQUEST TO FILL POSITION

Be very organized

Provide valid justifications

Overcome budget cuts/limitations

Thorough preparation aids in establishing top priority

Don't forget the decision-makers

NOTE: If successful, go to next topic!!

FORMATION OF SEARCH COMMITTEE

Select committee members carefully

Significant others

Meeting Schedules

DECIDING WHAT YOU NEED

"Credentials are not the same as Accomplishments-

What person do you really need?

Do a very effective job of determining what you really need - beforeyou start to look

Faculty alternatives

4

WRITE OUT THE JOB DESCR/PT /ON

Consists of more than a simple fist of duties it indicates therelative importance of each duty and responsibility

Be as specific as possible

If job is a teaching position, make certain all subject areas are listedthis will help avoid surprises

If job consists of dual duties (teaching/coaching), list all aspects

DETERMINING THE HIRING CRITERIA

What sort of experience is truly necessary to perform each specificfunction?

How much education is necessary?

What items will affect job performance?

All factors should relate to the job itself.

A practical strategy is to use recent job performance.

Establish a sense of focus establish qualities that are ofparamount importance.

LEGAL RAMIFICATIONS - CRITERIA

There is no law against establishing any criteria, as long as thesecriteria do not exclude people on the basis of race, religion, nationalorigin, age, sex, marital status or physical handicap not directlyrelated to job performance.

5

CON LUS1 N

"Time Spent On Hiring Right Is Time Well Spent"

- Robert Half

Successful Hiring takes time and thought, and, like most skills, it alsotakes practice. In addition, good hiring practices require a well-definedeffort by the Search Committee.

PRINCIPAL POINTS:

1. Make the commitment.2. Familiarize yourself with the legal implications.3. Decide what you really need.4. Be realistic in your expectations.5. Select and utilize recruiting soirces carefully.6. Monitor the screening procedures.7. Become an effective interviewer.8. Do the reference checking proficiently.9. Be as objective as possible.10. Don't delay the decision.

6

DEVELOP CANDIDATE SCORESHEET

How many times have we been asked to review resumes -- butreceived no further assistance?

Your best effort must be made to quantitatively review and judge acandidate's resume.

If you can't provide a quantitative measure, then you are simply::,rticipating in a guessing game.

Suggestions:1. Develop qualifications /criteria2. Develop rating scale3. Determine values for criteria

7

CANDIDATE:

POSITION: SCHOOL:

QUALIFICATIONS:Earned doctorate in a discipline represented in the college;

Rating: 0 1 2 3 4Value

X .05

Record of effective education administration, including intellectual, curricular, andfiscal leadership;

Rating: 0 1 2 3 4Value

X .25

Knowledge and experience within the divisions of the college;

Rating: 0 1 2 3 4Value

X .15

Background of effective teaching, research and publications appropriate forappointment to the rank of professor;

Rating: 0 1 2 3 4Value

X .25

Demonstrated competence in interpersonal skills and collaborative efforts withinternal and external constituents;

Rating: 0 1 2 3 4Value

X .15

Record of securing and allocating resources to provide quality undergraduate andgraduate instruction, research, public service and outreach projects, includingstudent recruitment.

Rating: 0 1 2 3 4

QUAL El In

ValueX .15

6 TOTAL SCORE

ANALYZING THE RESUME

"The most immutable barrier in nature is between one man's thoughtsand another."

- William James

REVIEWING THE RESUMEIt is important that you take the time to evaluate the resume inorder to see past resume fiction to resume fact. Remember, theresume is simply a representation of the candidate.. There are bothnegatives and positives the resume may not reveal. It is yourobligation, for both the good of the candidate and the good of yourschool not to skip over this part of the process. Here are someimportant techniques to utilize in your evaluation:

Write all over it; it's not a valuable piece of art!Make key notes directly on the resume

Highlight areas you want to inquire about

Highlight gaps or possible gaps in employmenthistory

Highlight experience/knowledge that you want thecandidate to expand on

Highlight vague terms or accomplishments youwant to have the candidate to clarify

o Set a minimum of 15 minutes prior to the interview toreview the resume fully.

Allows you to have a full line of questions prepared

Allows you to maintain eye contact with thecandidate

Demonstrates the importance you place on theinterview

RESUME: A summary of a person's education, experience andemployment. Sometimes confused with a work of fiction.

9

REFERENCE CHECKING

"A Bad Reference Is As Hard To Find As A Good Employee"

Very often employers are reluctant to give negative input.

Is the reference a true indication of a productive employee or a greatway to get rid of someone?

"Roughly one-third of all job applicants doctor their resumesor misrepresent their accomplishments'".

Do you need the candidate's permission to talk to "non-listed"references?

Utilize the networking process.

Aim high.

Maybe the term "verification" is best used.

Consider the confidentiality aspect.

Deal with the basics.

If discrepancies are substantial.... give the candidate a chance torespond.

10

THE INTERVIEW: A LOOK AT THE BASICS

The interview portion of the hiring process has very wide-spread usage and can often be the worst tool to use. Sinceinterviews will be used as a basis for judging candidates --it is imperative that we conduct an interview with a highdegree of proficiency.

KEYS TO SUCCESSFUL INTERVIEWING

1. Screen carefully.2. Have a plan.3. Follow a logical sequence.4. Create a proper interview environment.5. Put the candidate at ease.6. Let the candidate do the talking.7. Perfect your questioning techniques.8. Become a better listener.9. Keep your reactions to yourself.

10. Stay in control.11. Take notes.12. Don't oversell the position.13. Conclude the interview on the proper note.14. Write an interview summary.15. Learn from each experience.

11

WHAT QUESTIONS TO ASK IN THE INTERVIEW

Asking the right questions takes as much skill as giving the right answers.

Let's begin with the questions you shouldn't ask -- questions, that is, thatcould get you into hot water with the Equal Employment OpportunityCommission.

You are breaking a federal law (and often a state law as well) by askingany questions directly or indirectly relating to the following aspects of thecandidate's background:

Religion

Race or color

National origin

Age

Sex

Marital or family status

Handicaps

Criminal record

Financial affairs

INTERVIEWING PROTECTED CLASS CANDIDATES

(See supplement)

12

MAY I ASK YOU A QUESTION?

(See supplement)

SIX STYLES OF INTERVIEW QUESTIONS

1. OPEN2. CLOSED3. NEGATIVE INQUIRY4. POSITIVE INQUIRY5. HYPOTHETICAL6. CONFIRMING

QUESTIONING TECHNIQUES

"Time is precious, but truth is more precious than time."

- Benjamin Dt raeli

DOMINO QUESTIONING

PRIMARY QUESTION

SECONDARY QUESTION

TERTIARY QUESTlON

OBSTACLES TO EFFECTIVE INTERVIEWING

(See supplement)

WHY INTERVIEWS FAIL

"The greatest strength of some lob candidates is their ability to impressthe people who interview them."

- Robert Half

THE REASONS

The Interviewer....

1. Fais to gain enough informationRuns out of questions and/or time

2. Interviewer does not match the candidate with the jobDoes not understand the true job description

3. Interviewer fails to evaluate the resumeOverlooks key factors that could provide informationabout the candidate

4. Interviewer settles for a superficial, rehearsed answerDoes not probe past candidate's answers for additionalinformation

5. Interviewer is only concerned with skills rather than personalityDoes not realize that most people fail due to personalityand culture rather than poor performance

6. Interviewer forgets the qualities of the candidateDoes not document the information for future reference

19

THE DECISIVE DOZEN 12 KEY AREAS TO EVALUATEEACH CANDIDATE ON

1. Adaptability: Is the candidate flexible?

2. Competence: Does the candidate have the core skills?

3. Experience: Does the candidate have relevant experience?

4. Manageability: Will the candidate take direction?

5. Interpersonal skills: Can the candidate communicate clearly?

6. Attitude: Is the candidate optimistic and positive?

7. Initiative: Will the candidate take action?

8. Maturity: Is the candidate professional and polished?

9. Stability: Does the candidate have future plans and goals?

10. Emotional control: Can the candidate remain composed?

11. Integrity: Will the candidate be honest and trustworthy?

12. Values: Will the University culture satisfy the candidate?

TELEPHONE INTERVIEWS

Be very organized in terms of specific questions.

Schedule the call in advance.

e Set up committee assignments and select a "phone chief".

Used only as a way of learning more about the candidate.

Review resume (again) prior to calling.

o Report findings to search committee

15

COMPILING SCORES

After the resume has been thoroughly reviewed and analyzed, it istime to assign a score for that candidate.

In addition to utilizing the resume, all other factors should beconsidered; such as:A. Information gathered from referencesB. Telephone InterviewsC. Other....

PROBLEMS ASSOCIATED WITH SCORING

The Search Committee should develop plans that will enable themto consider the fairest scores.

Develop rules that eliminate the personal bias factor

Obtain an average score

Handling missing scores

EXAMPLES OF SCORING PROBLEMS

CANDIDATE A 2.4 3.8 3.2 2.9 3.4

CANDIDATE B 3.0 1.5 3.5 3.1 3.4 3.2

CANDIDATE C 3.1 0 3.2 2.8 3.2 3.0

16

CORRESPONDENCE

All correspondence must be high quality and timely.

Candidate information:

o Application information - Thanks

Required Items check-list

Search Progress Information

Elimination Progress (good/bad)

* The real "Elimination" letter

Courteous considerations

CANDIDATE ELIMINATION PROCESS

Develop the ultimate elimination procedure according to the statedpurpose of the search committee.

What? How? When?-- -All elimination procedures should be determined Before the processbegins.

Be flexible (but don't change the rules).

Utilize a "Blind" process if possible.

17

; 4

MAKING THE DECISION

The Best Person You interview Isn't Necessarily The Best Person For The

Job"

The more successful you have been at attracting quality candidates

the tougher the final decision will be.

If you have handled the preliminary aspects of the hiring processproperly -- you have substantially reduced your chance of making a

"wrong" decision.

DECISION-MAKING: PATTERNS TO AVOID

1. "The Cloning Trap"

2. "Attractive People Make Better Employees"

3. "This Time It's Going To Be Different"

4. "The Candidate Is Stronger Than I Am"

1b

CONCLUSION

"Time Spent On Hiring Right Is Time Well Spent"

- Robert Half

Successful Hiring takes time and thought, and, like most skills, it alsotakes practice. In addition, good hiring practices req..iire a well-definedeffort by the Search Committee.

PRINCIPAL POINTS:

1. Make the commitment.2. Familiarize yourself with the legal implications.3. Decide what you really need.4. Be realistic in your expectations.5. Sete& and utilize recruiting sources carefully.6. Monitor the screening procedures.7. Become an effective interviewer.8. Do the reference checking proficiently.9. Be as objective as possible.

10 Don't delay the decision.

1Y

RECOMMENDED READING

Every Manager's Legal Guide to Hiring. August Bequai. Dow Jones-IrwinInc., 1990. KF3457.B47

The Five Minute Interview. Richard H. Beatty. New York, NY: John Wiley& Sons., !nc., 1987.

The Fool Proof Interviewer's Guide. Terri Lammers. Inc. December1991: pgs. 127 132.

Hiring the Best. Martin Yate. Holbrook, MA: Bob Adams Publisher,1987.

Jobs Must Be Marketed. Patricia Martin. Personnel Journal. April 1991:pgs. 87 - 91.

Robert Half On Hiring. Robert Half. New York, NY: Crown Publishers,Inc., 1985. HF5549.5R44

The 7 Habits of Highly effective People. Stephen R. Covey. New York,NY: Simon & Schuster, 1989.

Winning the Hiring Game. Edward C. And ler. Springfield. IL: The SmithCollins Company, 1992.

20

INTERVIEWING PROTECTED CLASS CANDIDATES

As already indicated, questions related to sex,age, color, race, religion, national origin, or handi-cap are inappropriate when interviewing candidatesfor positions. Common sense, common courtesy, _and a professional approach are the cardinal rulesfor successful interviewing as evident in the pre-ceding sections; however, in order to ensure thatyou are conducting a nonsexist and nonracist in-terview, you should remember to:

Ask the same general questions and requirethe same standards for all applicants;.

Treat all applicants with fairness, equality,and consistency;

Follow a structured interview plan that willhelp achieve fairness in interviewing.

In other words, treat women, men, and minori-ty applicants in exactly the same way. Discrimina-tory behavior is improper, even when it is not in-tended. The appearance can be as important as thereality. The fact that you ask certain questions notrelated to the job wouldn't necessarily show thatyou mean to discriminate, but such questions canbe used, and have been used, in a discriminatoryway. Women, in particular, are increasingly awareand resentful of these questions.

The following suggestions, some relating towomen applicants and others to minority candi-dates, should be helpful in ensuring that no federalor state equal employment opportunity laws areviolated in the interview:

1. Ask questions that are relevant to the job itself.For instance, while in most cases men wouldhave no reason to suppose improper significanceof questions regarding marriage plans, becauseof past discrimination, women would. So do notinquire into:

her marital status or nonmarital arrangements;

what her husband does, how much he earns,whether he is subject to transfer, how he feelsabout her working or traveling;

whether she has children (or plans to), howmany, and their ages;

arrangements for the care of her children; or

her views on birth control, abortion, orwomen's lib.

21.

You may cite the hours required by the job andask if she will have difficulty meeting them. Forexample, you may say, "We start at 8:00a.m.here and leave at 4:30p.m. Will you have diffi-culty meeting those hours?" If she brings upany problem she may foresee in child care, etc.,then indicate what services are available.

2. Be careful not to draw assumptions about a wo-man's competence based on her soft voice orfeminine appearance or attire.

3. Be professional and consistent in addressing menand women. If using first names, do so for allcandidates. If not, then do not use a woman'sfirst name and not the man's. In other words, inintroducing a woman candidate, use Dr., Ms.,or Miss, and a similarly appropriate title for theperson to whom she is being introduced. For ex-ample, do not say, "Mr. Powers, I'd like for youto meet Mary Lou (candidate)."

4. Avoid flirting, patronizing, or making sexualjokes during the interview. Try to behave towardwomen in a completely businesslike, yet relaxedway.

S. Avoid bringing up stereotyped prejudices:women shouldn't travel alone; they are too emo-tional; they aren't aggressive enough. Don't tellnegative stories about former women employees.

6. Don't go to the opposite extreme by boastingabout your liberation, by pointing out how fair-minded you are, or by giving an instant-replay ofevery female or minority success story youknow.

7. In making a selection or recommendation, avoidmaking assumptions such as the following:

Supervisors or managers might prefer men oremployees of certain ethnic/racial origins;

Clients or customers might not want to dealwith women or minorities;

Co-workers might object;

Women's work might lack credibility;

The job might involve travel, or travel withthe opposite sex or members of certain eth-nic/racial backgrounds that would disqualifythe applicant;

The job might involve unusual working con-ditions that would disqualify the applicant.

8. Do not place undue emphasis on conditions ofemployment (such as travel, heavy lifting, longhours, etc.) in the hope of discouraging thecandidate and getting him or her to withdrawfrom the competition. It is for the applicant,not the employer, to decide whether he or shewants the jab based, of course, on a clear,

honest explanation of what the conditionsare.

9. If asked, give accurate information about thenumber of women or minority employees al-ready in the organization. Again, if a candidateasks, and if you don't have women or minori-ties in your own department, ,.nen arrange for

the person to meet other women or minoritystaff members. On the other hand, do not as-sume that this candidate will necessarily want

to meet other women or minority employees.

10. If you're going to discuss the town or city,

mention everything and do not try to over-emphasize the town's aspects as a family place

in which to live and bring up children. Men-

tion the town's closeness to mountains, sea-coast, urban areas, or whatever is relevant.And remember, a single person may be inter-ested in buying a house rather than just rent-ing an apartment.

11. In general, avoid references to a candidate'spersonal happiness (i.e., social and/or sexual)Don't assume that your town or city is notthe place for a single person or for minori-

ties.

11. Obviously, do not indicate that you're inter-ested in hiring a woman or minority personas z statistic to improve your department'sAffirmative Action/Equal Employment Op-portunity profile. It's unlawful and an insultto apply different standards based on an ap-plicant's sex or minority status.

Again, there are so many things not to do orsay what can you talk about? You can discuss.

The duties and responsibilities of the job;

The organization's missions, programs, andachievements;

Career possibilities and opportunities forgrowth, development, and advancement;

Where the job is located, travel, mobility,equipment, and facilities available; or

The individual's qualifications, abilities, ex-perience, education, and interests.

May I Ask You A Question?

Keeping up with the frequent and often subtle changes in personnel law is certainly a challengingaspect of your daily job. Just what questions can you ask a prospective job applicant during aninterview, and what wording will leave your company open to a potential lawsuit?

Illegal Interview Questions

Their age.Any questions about specific years of school attendance or graduation.Whether they are married, divorced, separated, widowed or single.Whether or not they have children or plan to have children, and the ages of theirchildren. Also, who will care for the children if the applicant is hired.Whether they belong to any organizations, clubs, societies or lodges that would indicatethe applicant's race, religion, color or ancestry.Height or weight where it is not relevant to the job.Whether they have ever had their wages garnished.Whether they have ever been arrested.Who resides with them.If the applicant rents or owns his or her home.The name or address of any relative of an adult applicant.Their race or nationality.

Instead You May Ask...

**

"If hired, can you furnish proof of age?"What academic, vocational or professional education the applicant has had, as well as theschools they've attended (if job related)."Would you like to be addressed as Mrs., Miss or Ms.?" and you may also ask aboutany information relative to a name change, to enable a check on the applicant's workrecord."Can you do t xtensive traveling" (if job related) and (to a homemaker) "Why do youwant to return to work?"Are you a member of any professional, trade, or service organization(s)?""Do you have any disabilities that would prevent you from doing the job for which youapplied?"A credit check may be used."Have you had any felony convictions?" and for what?"Whom can we notify in case of emergency?""Where do you reside, and how long have you lived there?"The name of persons who can supply professional and character references.

Ref.: HUMAN RESOURCE MEASUREMENTS - Wonderlic Personnel Test, Inc.

23

OBSTACLES TO EFFECTIVE INTERVIEWING

Unfortunately, it is easy for an interviewer tomake a mistake in an employment interview. Some

Mistakes

Failing to establish rapport with the applicant.

Not knowing what information is needed.

Concentrating exclusively on the applicant as a

person.

Not remaining silent, or listening, long enough.

Not allowing sufficient time to observe theapplicant's responses and behavior.

Incorrectly interpreting information obtained fromthe applicant.

Being unaware of or not dealing directly withbiases for or against certain types of applicants(stereotyping).

Being overly influenced (either favorably or un-favorably) by one characteristic or trait of thatparticular applicant.

Making a decision based only on intuition or"first impression," rather than careful insight andanalytical judgment.

Using stress techniques designed to trap or flusterthe applicant.

Conducting a poorly structured or an unstructuredinterview.

Looking to see how an applicant'i past life com-pares with the interviewer's.

Failing to control or direct the interview.

Asking questions answerable by a simple "yes" or"no."

Making judgemental or leading statements. .

of the common mistakes that have been detectedin poorly conducted interviews are as follows:

Comments

As a result, the interview never gets off the ground.

Consequently, the interviewer does not know whatquestions to ask the applicant.

The perceptive interviewer specifically attempts tocompare an applicant's demonstrated abilities andexperience with the actual job requirements.

The interviewer does too much talking and fails toobtain meaningful information from the applicant.

The interview should not be too short and super-ficial. The longer the interview, the better thechances of gaining meaningful information fromthe applicant.

The interviewer draws the wrong conclusion aboutthe applicant's ability to perform.

This includes how you feel about hair styles, cloth-ing, educational background, etc. ("I have neverhired a good secretary from that business college.")

This includes physical appearances, style or dress,personality, etc. ("I can't stand men who havemustaches," or "I'd hire her for this job no matterwhat her previous experience.")

This results in substantial loss of time, becausemore effort is spent on the "halo effect" compari-son than on obtaining information relevant to the

job.

Whether out of a desire to be courteous or becausethe applicant is particularly dominant, the inter-viewer can lose control of an interview. When thishappens, the interviewer must regain control skill-fully not abruptly.

People are used to doing this because their dailybusiness conversations are often short and to thepoint, but in interviewing, the interviewer mustendeavor to do just the opposite to draw the can-didate out. This requires minimizing "yes" and"no" answers.

These telegraph to the candidate desired responses.Most applicants are good enough at reading theinterviewer's mind without being provided directguidance.

24

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vol

unta

ry; 2

) th

ein

form

atio

n is

bei

ng

soug

ht o

nly

to r

emed

y di

scri

min

atio

n or

pro

vide

opp

ortu

nitie

sfo

r th

eha

ndic

appe

d; 3

) th

e in

form

atio

n w

ill b

e ke

pt c

onfi

dent

ial;

and

4) r

efus

ing

to p

rovi

de th

e in

form

atio

n w

ill n

ot r

esul

tin

adv

erse

trea

tmen

t.A

ll

appl

ican

ts c

an b

e as

ked

whe

ther

they

are

abl

e to

car

ry o

ut a

ll ne

cess

ary

job

assi

gnm

ents

and

per

form

them

in a

saf

e m

anne

r.

5. e

Inqu

iry

as to

sex

or

rest

rict

ion

of e

mpl

oym

ent t

o on

e se

x is

perm

isla

ble

only

whe

re a

bon

a fi

de o

ccup

atio

nal q

ualif

icat

ion

exis

ts.

(Thi

s B

FOQ

exce

ptio

n is

inte

rpre

ted

very

nar

row

ly b

y th

e co

urts

and

EE

OC

.) T

hebu

rden

of

proo

f re

sts

ou th

e em

ploy

er to

pro

ve th

at th

eB

FOQ

doe

s ex

ist

and

that

all

mem

bers

of

the

affe

cted

cla

ss a

re in

capa

bleo

f pe

rfor

min

g th

e

job.

25

INQ

UIR

ES

TH

AT

MU

ST B

E A

VO

IDE

D

Inqu

irie

s ab

out t

he n

ame

that

wou

ld in

dica

te a

pplic

ant's

linea

ge, a

nces

try.

natio

nal o

rigi

n, o

r de

scen

t.In

quir

y in

to p

revi

ous

nam

e of

app

lican

tw

here

it h

as b

een

chan

ged

by c

ourt

ord

er o

r ot

herw

ise.

"Ind

icat

e: M

iss.

Mrs

., M

s."

Any

inqu

iry

indi

catin

g w

heth

er a

n ap

plic

ant i

s m

arri

ed,

sing

le, d

ivor

ced,

enga

ged,

etc

. Num

ber

and

age

of c

hild

ren.

Inf

orm

atio

n on

child

-car

e

arra

ngem

ents

.A

ny q

uest

ions

con

cern

ing

preg

nanc

y.A

ny s

imila

r

ques

tion

that

dir

ectly

or

indi

rect

ly r

esul

ts in

lim

itatio

nof

job

oppo

rttu

nty

in a

ny w

ay.

Req

uire

men

t tha

t app

lican

t sta

te a

ge o

r da

te o

f bi

rth.

Req

uire

men

t tha

t

appl

ican

t pro

duce

pro

of o

f ag

e in

the

form

of

a bi

rth

cert

ific

ate

orba

ptis

mal

rec

ord.

(T

he A

ge D

iscr

imin

atio

n in

Em

ploy

men

tA

ct o

f 19

67

forb

ids

disc

rim

inat

ion

agai

nst p

erso

ns o

ver

the

age

of 4

0):

The

Reh

abili

tatio

n A

ct o

f 19

73 f

orbi

ds e

mpl

oyer

s fr

omas

king

job

appl

ican

ts g

ener

al q

uest

ions

abo

ut W

heth

er th

ey a

reha

ndic

appe

d or

aski

ng th

em a

bout

the

natu

re a

nd s

ever

ity o

f th

eir

hand

icap

s.A

n

empl

oyer

mus

t be

prep

ared

to p

rove

that

any

phy

sica

l and

men

tal

requ

irem

ents

for

a jo

b ar

e du

e to

"bu

sine

ss n

eces

sity

" an

dth

e sa

fepe

rfor

man

ce o

f th

e jo

b. E

xcep

t in

case

s w

here

und

ue h

ards

hip

can

be

prov

en, e

mpl

oyer

s m

ust m

ake

"rea

sona

ble

acco

mm

odat

ions

" fo

r th

eph

ysic

al a

nd m

enta

l lim

itatio

ns :r

an e

mpl

oyee

or

appl

ican

t."R

easo

nabl

eac

com

mod

atio

n" in

clud

es a

ltera

tion

of d

utie

s, a

ltera

tion

of p

hysi

cal

setti

ng, a

nd p

rovi

sion

of

aids

.

Sex

of a

pplic

ant.

Any

oth

er in

quir

y th

at w

ould

indi

cate

sex

.is

not

a B

FOQ

bec

ause

a jo

b in

volv

esph

ysic

al la

bor

(suc

h as

hea

vy li

ftin

g)be

yond

the

capa

city

of

som

e w

omen

, nor

can

em

ploy

men

tbe

res

tric

ted

just

bec

ause

the

job

is tr

aditi

onal

ly la

bele

d "m

en's

wor

k" o

r "w

omen

wor

k."

Sex

cann

ot b

e us

ed a

s a

fact

or f

or d

eter

min

ing

whe

ther

an

appl

ican

t's h

eigh

t or

wei

ght u

nles

s yo

u ca

n pr

ove

they

are

oec

essa

nre

quir

emen

ts f

or th

e jo

b to

be

perf

orm

ed.

26

6.R

ace

or C

olor

7.A

ddre

ss o

rD

urat

ion

ofR

esid

ence

8.B

irth

plac

e

9.R

elig

ion

$0. M

ilita

ry R

ecor

d

II. P

hoto

grap

h

12. C

itize

nshi

p

13.

Anc

estr

y or

Nat

iona

lO

rigi

n

14. E

duca

tion

15.

Exp

erie

nce 27

Gen

eral

dis

tingu

isbi

ng p

hysi

cal c

hara

cter

istic

s, s

uch

as s

cars

.

App

lican

t's a

ddre

ss.

Inqu

iry

into

pla

ce a

nd le

ngth

of

curr

ent a

ndpr

evio

us a

ddre

sses

, e.g

., "H

ow lo

ng a

res

iden

t of

this

sta

te o

r ci

ty?"

"Aft

er e

mpl

oym

ent (

if e

mpl

oyed

by

this

inst

itutio

n), c

an y

ou s

ubm

it a

birt

h ce

rtif

icat

e or

oth

er p

roof

of

U.S

. citi

zens

hip?

"

An

appl

ican

t may

be

advi

sed

conc

erni

ng n

orm

al h

ours

and

day

s of

wor

kre

quir

ed b

y th

e jo

b to

avo

id p

osA

ble

conf

lict w

ith r

elig

ious

or

othe

rpe

rson

al c

onvi

ctio

ns.

Typ

e of

edu

catio

n an

d ex

peri

ence

in s

ervi

ce a

s it

rela

tes

to a

par

ticul

arjo

b.

Indi

cate

that

this

may

be

requ

ired

aft

er h

irin

g fo

r id

entif

icat

ion.

"Are

you

a c

itize

n of

the

Uni

ted

Stat

es?"

"If

you

are

not

a U

.S. c

itize

n,ha

ve y

ou th

e le

gal r

ight

to r

emai

n pe

rman

ently

in th

e U

.S.?

" "D

o yo

uin

tend

to r

emai

n pe

rman

ently

in th

e U

.S.?

""I

f no

t a c

itize

n, a

re y

oupr

even

ted

from

law

fully

bec

omin

g em

ploy

ed b

ecau

se o

f vi

saor

imm

igra

tion

stat

us?"

Sta

tem

ent t

hat,

if h

ired

, app

lican

t may

be

requ

ired

to s

ubm

it pr

oof

of c

itize

nshi

p.

Lan

guag

es a

pplic

ant r

eads

, spe

aks,

or

wri

tes

flue

ntly

.(I

f an

olV

erla

ngua

ge is

nece

ssar

y to

per

form

the

job.

)

App

lican

t's a

cade

mic

, voc

atio

nal,

or p

rofe

ssio

nal e

duca

tion:

scho

ol

atte

nded

.In

quir

y in

to la

ngua

ge s

kills

suc

h as

rea

ding

, spe

akin

g, a

ndw

ritin

g fo

reig

n la

ngua

ges.

App

lican

t's w

ork

expe

rien

ce, i

nclu

ding

nam

es a

nd a

ddre

sses

of

prev

ious

empl

oyer

s, d

ates

of

empl

oym

ent,

reas

ons

for

leav

ing,

sal

ary

hist

ory.

Oth

er c

ount

ries

vis

ited.

App

lican

t's r

ace.

Col

or o

f ap

plic

ant's

ski

n, e

yes,

hai

r, o

r ot

her

ques

tions

dire

ctly

or

indi

rect

ly in

dica

ting

race

or

colo

r.

Spec

ific

inqu

iry

into

for

eign

add

ress

es th

at w

ould

kri

dkat

e na

tiona

l ori

gin.

Nam

es o

r re

latio

nshi

p of

per

sons

with

who

m a

pplic

ant r

esid

es. W

heth

erap

plic

ant o

wns

or

rent

s ho

me.

Bir

thpl

ace

of a

pplic

ant.

Bir

thpl

ace

of a

pplic

ant's

par

ents

, spo

use,

or

othe

r re

lativ

es. R

equi

rem

ent t

hat a

pplic

ant s

ubm

it a

birt

h ce

rtif

icat

e or

natu

raliz

atio

n or

bap

tism

al r

ecor

d be

fore

em

ploy

men

t. A

ny o

ther

inqu

iry

into

nat

iona

l ori

gin.

App

lican

t's r

elig

ious

den

omin

atio

n or

aff

iliat

ion,

chu

rch,

par

ish,

pas

tor,

or r

elig

ious

hol

iday

s ob

serv

ed.

App

lican

ts m

ay n

ot b

e to

ld th

at a

nypa

rtic

ular

rel

igio

us g

roup

s ar

e re

quir

ed to

wor

k on

thei

r re

ligio

usho

liday

s. A

ny in

quir

y to

indi

cate

or

iden

tify

relig

ious

den

omin

atio

n or

cust

oms.

Typ

e of

dis

char

ge.

Req

uire

men

t tha

t app

lican

t aff

ix a

pho

togr

aph

to h

is o

r he

r ap

plic

atio

n.R

eque

st th

at a

pplic

ant,

at h

is o

r he

r op

tion,

sub

mit

phot

ogra

ph.

Req

uire

men

t of

phot

ogra

ph a

fter

inte

rvie

w b

ut b

efor

e hi

ring

.

"Of

wha

t cou

ntry

are

you

a c

itize

n?"

Whe

ther

app

lican

t or

his

or h

erpa

rent

s or

spo

use

are

natu

raliz

ed o

r na

tive-

born

U.S

. citi

zens

. Dat

e w

hen

appl

ican

t or

pare

nts

or s

pous

e ac

quir

ed U

.S. c

itize

nshi

p.R

equi

rem

ent

that

app

lican

t pro

duce

his

or

her

natu

raliz

atio

n pa

pers

.W

heth

erap

plic

ant's

par

ents

or

spou

se a

re c

itize

ns o

f th

e U

.S.

Inqu

ires

into

app

lican

t's li

neag

e, a

nces

try,

nat

iona

l ori

gin,

des

cent

,bi

rthp

lace

, or

mot

her

tong

ue.

Nat

iona

l ori

gin

of a

pplic

ant's

par

ents

or

spou

se.

Any

inqu

iry

aski

ng s

peci

fica

lly th

e na

tiona

lity,

rac

ial a

ffili

atio

ns, o

rre

ligio

us a

ffili

atio

n of

a s

choo

l. In

quir

y as

to h

ow f

orei

gn la

ngua

ge a

bilit

yw

as a

cqui

red.

16. C

onvi

ctio

n,A

rres

t, an

dC

ourt

Rec

ord

Inqu

iry

Into

act

ual c

onvi

ctio

ns th

at r

elat

e re

ason

ably

to f

itnes

s to

per

form

a pa

rtic

ular

job.

(A

con

vict

ion

is a

cou

rt r

ulin

g w

here

the

part

yis

fou

ndgu

ilty

as c

harg

ed. A

n ar

rest

is m

erel

y th

e ap

preh

endi

ng o

r de

tain

ing

ofth

e pe

rson

to a

nsw

er th

e al

lege

d cr

ime.

)

17.

Rel

ativ

esN

ames

of

appl

ican

t's r

elat

ives

alr

eady

em

ploy

ed b

y th

is c

ompa

ny. N

ame

and

addr

esse

s of

par

ents

or

guar

dian

of

min

or a

pplic

ant.

IX.

Not

ice

inN

ame

and

addr

ess

of p

erso

ns to

be

notif

ied

in c

ase

of a

ccid

ent o

rC

ase

ofem

erge

ncy.

Em

erge

ncy

19. O

rgan

izat

ions

20. R

efer

ence

s

21. M

isce

llane

ous

Inqu

iry

into

the

orga

niza

tions

of

whi

ch a

n ap

plic

ant i

s a

mem

ber

prov

idin

g th

e na

me

or c

hara

cter

of

the

orga

niza

tion

does

not

rev

eal t

hera

ce, r

elig

ion,

col

or, o

r an

cest

ry o

f th

e m

embe

rshi

p. `

Lis

t all

prof

essi

onal

orga

niza

tions

to w

hich

you

bel

ong.

Wha

t off

ices

are

hel

d?"

By

who

m w

ere

you

refe

rred

for

a p

ositi

on h

ere?

Nam

es o

f pe

rson

s w

illin

gto

pro

vide

pro

fess

iona

l and

/or

char

acte

r re

fere

nces

for

app

lican

t.

Not

ice

to a

pplic

ants

that

any

mis

stat

emen

ts o

r om

issi

ons

of m

ater

ial f

acts

in th

e ap

plic

atio

n m

ay b

e ca

use

of d

ism

issa

l.

Any

inqu

iry

rela

ting

to a

rres

ts. A

sk o

r ch

eck

into

a p

erso

n's

arre

st.

cour

t, or

con

vict

ion

reco

rd if

not

sub

stan

tially

rel

ated

tofu

nctio

ns a

nd

resp

onsi

bilit

ies

of th

e pa

rtic

ular

job

in q

uest

ion.

Nam

e or

add

ress

of

any

rela

tive

of a

dult

appl

ican

t, ot

her

than

thos

eem

ploy

ed b

y th

is c

ompa

ny.

Nam

e an

d ad

dres

s of

rel

ativ

es to

be

notif

ied

in c

ase

of a

ccid

ent o

rem

erge

ncy.

*Lis

t all

orga

niza

tions

, clu

bs, s

ocie

ties,

and

lodg

es to

whi

ch y

ou b

elon

g."

The

nam

es o

f or

gani

zatio

ns to

a h

ich

the

appl

ican

t bel

ongs

if s

uch

info

rmat

ion

wou

ld in

dica

te th

roug

h ch

arac

ter

or n

ame

the

race

, rel

igio

n,co

lor,

or

ance

stry

of

the

mem

bers

hip.

Req

uire

the

subm

issi

on o

f a

relig

ious

ref

eren

ce. R

eque

st r

efer

ence

fro

map

plic

ant's

pas

tor.

n, in

quir

y sh

ould

be

avoi

ded

that

, alth

ough

not

spec

ific

ally

list

ed a

mon

g th

e ab

ove,

is d

esig

ned

to e

licit

info

rmat

ion

as to

rac

e,co

lor,

anc

estr

y, a

ge, s

ex, r

elig

ion,

hand

icap

, or

arre

st a

nd c

ourt

rec

ord

unle

ss b

ased

upo

n a

bona

fid

e oc

cupa

tiona

l qua

lific

atio

n.

Rep

rint

ed f

rom

Per

sona

l Pra

ctic

es f

or S

mal

l Col

lege

sby

per

mis

sion

of

the

Nat

iona

l Ass

ocia

tion

of C

olle

gean

d U

nive

rsity

Bus

ines

s O

ffic

ers.

2930