Interviewing – Guidance on Appropriate
Questions
Reviewed April 2013
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:
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•
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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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Laws that affect the interview process
•
Title VII of the Civil Rights Act of 1964
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•
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Race
Sex
Color
Nation of Origin
Religion
•
Age Discrimination in Employment Act (ADEA)
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Americans with Disabilities Act (ADA)
•
Immigration Reform and Control Act (IRCA)
Citizenship
> Nation of Origin
>
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Laws that affect the interview process
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National Labor Relations Act (NLRA)
>
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Union membership
Uniformed Services Employment and Reemployment
Rights Act (USERRA)
>
Membership or service in the uniformed services
•
Bankruptcy Act
•
Child Support Enforcement Amendments
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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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What to ask and not ask
•
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.
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What to ask and not ask
•
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.
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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:
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•
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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:
•
•
•
•
•
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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?
©SHRM 2008
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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
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Appearance
>
Guidelines:
• Employers need to be aware of religious and cultural variations on
appearances.
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What to ask and not ask
**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.
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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!
©SHRM 2008
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