What You Can't Ask a Job Candidate is as Important as What You
Can Ask By Stephen Spain mepatwork.com
As a human resources professional or business owner, you face
many challenges during the hiring process, from sorting through
stacks of job applicant résumés to making an attractive offer to
the one person you believe best matches the specifications of
your open position's job description. The whole procedure is
more than time-consuming; it can be stressful as well. None of
the demands of finding and hiring the best candidate are more
complex than those of the interviewing process. Besides spending
a significant portion of your time listening to what your final
candidates have to say, you must - without violating any of the
employment discrimination laws in place - evaluate each
applicant's ability to successfully perform the job. You have a
responsibility to your company and to all prospective employees
to avoid any semblance of discrimination or impropriety in your
hiring processes. You must keep your interview questions related
to specific job activities; in fact, it's probably a bad idea to
ask any question that doesn't deal directly with a specific
job's requirements. If you feel any question on your list might
lead to an applicant's perception of discrimination, eliminate
that question from the discussion. You can't possibly read the
minds of job seekers now or in the future, especially when the
ones who ultimately weren't offered the job might try to
convince themselves that the reason they weren't hired was
"discrimination" - rather than their level of skills. The result
could be an unfounded and unnecessary legal action that would,
at the very least, distract you from your current job functions
in meeting important and strategic company goals. Use the
following points as general guidelines to develop your list of
appropriate interview questions for all job candidates. If you
have questions about what's permitted by law (especially
regarding special circumstances in your state), consult with
your company's legal department or another reliable source. And
above all, remember this: If you believe any question or part of
your discussion with a potential employee could be perceived as
discriminatory, avoid it. Name You may discuss: use of another
name and additional information (relative to a change of name or
use of an assumed name) necessary to enable a check of education
or work record. You may not discuss: maiden name. For example,
do not ask: What is your maiden name? What is your mother's
maiden name? Age You may discuss: before hiring, whether the
applicant is over the minimum age for the job's hours or working
conditions; after hiring, verifying same with a birth
certificate or other ID, as well as asking age on insurance
forms. You may not discuss: age; birth date; or questions that
might identify the applicant's age, especially if he or she is
over age 40. For example, do not ask: How old are you? What year
were you born? When did you graduate from high school?
Citizenship/National Origin You may discuss: ability to speak,
read or write English or a foreign language if required by the
job; offers of employment contingent upon verification of
identity, residence and work authorization in the United States.
You may not discuss: birthplace, nationality, lineage, ancestry,
national origin and parentage of applicant or applicant's
parents or spouse. For example, do not ask: Where were you born?
Where are your parents from? What's your heritage? What is your
mother's tongue? What language do you normally use? How did you
learn to read, write or speak a foreign language? Race/Color You
may discuss: equal opportunity employment at your company; race
only as required for affirmative-action programs. You may not
discuss: race or color; complexion or color of skin, eyes or
hair; any direct or indirect reference to race, color or racial
groups. For example, do not ask: What race are you? Are you a
member of a minority group? Gender/Marital
Status/Children/Childcare You may discuss: company policy
regarding work assignment of employees who are related;
anticipated absences from job; freedom to travel, if job
requires; and ability to meet work schedule requirements. You
may not discuss: applicant's gender, marital and family status;
number or ages of children or dependents; provisions for
childcare; pregnancy; birth control; or name or address of
relative, spouse or children of adult applicant. After hiring
only, you can ask about marital status/dependent information for
tax and insurance forms. For example, do not ask: With whom do
you reside? Do you live alone? How many children do you have?
Are you married? Do you plan on having children? Are you
pregnant? Physical, Health or Mental Disability You may discuss:
candidate's ability to perform essential functions of this job
with or without reasonable accommodation; applicant's
impressions of performing the essential functions of the job;
days of leave taken during the last year; and attendance
requirements of this job. You may not discuss: (until after
offer is made and then only related to job performance) the
existence, type or severity of disability. For example, do not
ask: Do you have a disability that might interfere with your
ability to perform the job? How many days were you sick last
year? Do you have any preexisting health conditions? Do you have
(name of disease)? Religion/Creed You may discuss: the company's
regular workdays and hours. You may not discuss: applicant's
religion, religious days or whether religion would prevent him
or her from working weekends or holidays. For example, do not
ask: What religion are you? Do you attend church regularly?
Residence You may discuss: place of residence. You may not
discuss: ownership of residence. For example, do not ask: Do you
own or rent your home? How much are your house payments?
Military Service You may discuss: relevant knowledge, skills and
abilities acquired during applicant's military service. You may
not discuss: general questions about military service such as
dates, discharge or service in a foreign military service. For
example, do not ask: How long did you serve in (name of
country)? Where did you serve? Economic Status You may discuss:
salary history, but you cannot use this information to
disqualify applicant. You may not discuss: credit ratings,
charge accounts, bank accounts, bankruptcy, car ownership,
ownership or rental of a home, length of residence at an address
or past garnishments of wages. For example, do not ask: Have you
ever declared bankruptcy? How long have you lived at (address)?
Organizations/Societies/Activities You may discuss: job-related
organizations, clubs and professional associations to which the
applicant belongs, omitting ones that indicate race, religion,
creed, national origin, ancestry, sex or age. You may not
discuss: all organizations, clubs and lodges to which applicant
belongs. For example, do not ask: Are you a member of a senior
citizens' group? Have you ever been a member of (name of
religious group)? Would you write down the names of all the
clubs in which you're a member? Height/Weight You may discuss:
height and weight issues that are related to the performance of
the job. You may not discuss: height and weight issues that are
not related to the performance of the job. For example, do not
ask: Do you think you need to lose weight? Is being short a
problem for you? References You may discuss: who referred
applicant to the job and names of persons willing to provide
professional references for applicant. You may not discuss:
questions of applicant's former employers or acquaintances that
elicit information specifying applicant's color, race, religion,
creed, national origin, ancestry, physical or mental disability,
medical condition, marital status, age or sex. For example, do
not ask: Did your last employer have a problem with your
divorce? Have any of your former employers commented on your
ancestry? Toward the end of each interview, be sure to explain
the next phase of your hiring process to all successful
candidates. This description should include items such as a
physical or drug test (where applicable), as well as a
background check through an independent service such as
VeriCruit (www.vericruit.com) to look into each candidate's
driving history, Social Security number, criminal record, credit
history and possible listing on a sexual offender registry. You
must obtain written permission from every candidate - on a form
that's separate from all of the other job application documents
- to take these steps; if any of your candidates seem uneasy
about your request, take a few moments to discuss his or her
concerns before taking further action with that person in your
hiring process.
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