With today’s myriad of unfair hiring practices complaints and lawsuits regarding questions asked in the interview process, you need to train your hiring managers and other interviewers not to ask unacceptable questions. The purpose of interviewing is to look for objective, job-related factors to ensure you are putting the most qualified person in the job. The job description is key in determining who is qualified for the job and selecting the most qualified person for the job.
Steer clear of questions that may be discriminatory, such as those that reference or allude to race, color, religion, sex, age, national origin, sexual orientation or gender identity. Questions about medical conditions (both applicant’s and their family members’) are simply off-limits in a job interview. Questions about marital status, child care arrangements, salary history, and conviction background are specifically prohibited under many state laws and City ordinances, and are so closely tied to protected status that they should simply be avoided. Generally, any topics that are unrelated to the job create risk and should be avoided. Focus on questions about past performance, how they would perform the duties, examples of how they have behaved or performed in past jobs. (But stay away from what they were paid in past jobs!)
Avoid straying into gray or impermissible areas by adopting appropriate guidelines for your HR and hiring teams. Training everyone who is in an interviewing or hiring position limits the risk of asking inappropriate questions. It is crucial for your organization to create a standard format and approved set of questions to keep hiring managers and other interviewers on track, asking only questions relevant for the job. But what if an applicant volunteers information about which you know you cannot ask? FineLine HR Consulting can help you navigate through this and other unique interviewing issues.
Another reason for a format and approved set of questions is to ensure that each job applicant is asked the same interview questions. This set of questions should always relate to the candidate’s experience, abilities, skills and knowledge needed to succeed in that role. Anything beyond what is needed to meet the job requirements has the potential to land your company in hot water, or simply give your company a poor reputation.
There is much to consider when creating and developing an interviewing and selection program for your organization to avoid illegal and/or inappropriate interview questions and hiring practices. This complexity is why having a formatted “script” could help your team know where to draw the line and conduct a professional interview that gets the information really needed to make a hiring decision. Our team is dedicated to training and finding solutions for each organization’s unique needs and culture.
If you have a question or situation that you’d like to discuss, our team at FineLine HR Consulting will be happy to help you through the nuances and considerations that will help protect your organization. Reach out today to learn how we can assist you with your Human Resources-related challenges.
This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between FineLine HR Consulting and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material.
