How often have you been totally comfortable with a job applicant during the interview? So comfortable that the interview becomes an easy-going conversation? It has happened to me. And that can be a dangerous situation because you can start to ask questions that have no bearing on the performance of job the applicant is seeking. You are simply enjoying getting to know the individual. What is wrong with that? Plenty!
Laws are very specific about what you can and cannot ask in an employment interview. And some of the restrictions seem unreasonable, yet they are there to protect classes of applicants from various forms of discrimination.
Most of us know we can’t ask: “How old are you?” But as the interviewer and interviewee became more informal with each other you could easily ask what year the applicant graduated from college. But that is illegal, so don’t ask it that way. You may ask if the applicant is over 18, or, after employment, could the person provide proof of age.
It is also easy to slip into a conversation about families. You might share about your own kids or spouse, and then follow with a question about whether the applicant is married or has a permanent partner. The courts see these kinds of questions as exploring whether the applicant’s private life would lead to absenteeism or tardiness. A more formal question, which is a possible legal alternative, is to ask whether the applicant anticipates any absences from work on a regular basis and if so, to explain the circumstances.
Questions about physical attributes or disabilities are clearly understood by most interviewers as illegal. What is not illegal is to inquire about the capability of the applicant to perform tasks that are part of the job. You also may be required to provide reasonable accommodations for the applicant’s disability. Rather than ask about height, weight, family’s health, or the open-ended question: “Do you have any disabilities,” ask a job-relevant question like: “Will you be able to carry out in a safe manner all job assignments necessary for this position.” Be sure you have thoroughly described the job requirements first, including the physical ones.
While you might think a question about a person’s citizenship or country of birth is acceptable, it is illegal and can imply discrimination on the basis of national origin. So do not ask, “Are you a US citizen?” Instead ask something like “Are you authorized to work in the United States?
Questions about arrest records are somewhat arcane. You cannot ask if a person has been arrested, but can ask if an applicant has been convicted of a specific kind of crime. The question is legal if the crime is reasonably relevant to the job: embezzlement for a banking job, for example.
You cannot discriminate against someone for membership in the National Guard or other military unit. Questions relevant to training received in the military or to determine eligibility for veteran’s preference required by law are acceptable.
Do not ask what clubs or social organizations the applicant belongs to, or whether a person attends church. This is not relevant to the performance of the job. You may ask the applicant to list professional or trade groups the person considers relevant to the ability to perform the job. You may also ask if the person is available for work on Saturday or Sunday.
Questions about credit or garnishments, charge accounts, and homeownership are almost always irrelevant to job performance. For educational background, only consider clearly job related education. Never ask if the applicant has friends or relatives working for your company. It is not job-relevant. Asking for a maiden name, spouse’s name, or other questions is not relevant to job performance and could be used to discriminate.
A person may not be discriminated against for using or not using “lawful products” off the employer’s premises during nonworking hours. There are some exceptions, but you should avoid inquiries in these areas.
By the time you finish reading this list of no-nos, you may wonder what you can talk about in an interview. If you have prepared a job description, you have a good idea of what the requirements of the position are and thus what you need to learn about the applicant’s education, experience, skills and abilities. Remember that people are more often hired for their demonstrated technical skills and later fired for poor soft skills. So you need to concentrate on evaluating the applicant’s soft skills like problem solving, team work, etc.
Usually nothing happens if the applicant who is asked illegal questions is subsequently hired and treated fairly on the job. Trouble can arise, though, when such an applicant is rejected and can show that discrimination was involved in the hiring decision. And an applicant who is offered a job, but who experienced illegal questions can conclude that the workplace harbors discriminatory practices. The person may not accept the offer and bring legal action.
So here’s a suggestion. Just do not ask any illegal questions. Conduct your interviews using a pre-defined list of legal, job-relevant questions and take notes during or immediately after the interview. Then refer to your question-note-sheet for each applicant when making a final decision.
This article is based on an interesting website that you may wish to consult. Go to
www.jobinterviewquestions.org to see the kinds of questions you can and cannot ask. The site also includes questions a jobseeker can ask. As an employer, you should be ready to answer these honestly and accurately. Hire smart and slow, not foolishly and fast.
