What You Can't Ask a Job Candidate is as Important as What You Can Ask
What You Can't Ask a Job Candidate is as Important as What YouCan Ask By Stephen Spain mepatwork.com As a human resources professional or business owner, you facemany challenges during the hiring process, from sorting throughstacks of job a...
...pplicant résumés to making an attractive offer tothe one person you believe best matches the specifications ofyour open position's job description. The whole procedure ismore than time-consuming; it can be stressful as well. None ofthe demands of finding and hiring the best candidate are morecomplex than those of the interviewing process. Besides spendinga significant portion of your time listening to what your finalcandidates have to say, you must - without violating any of theemployment discrimination laws in place - evaluate eachapplicant's ability to successfully perform the job. You have aresponsibility to your company and to all prospective employeesto avoid any semblance of discrimination or impropriety in yourhiring processes. You must keep your interview questions relatedto specific job activities; in fact, it's probably a bad idea toask any question that doesn't deal directly with a specificjob's requirements. If you feel any question on your list mightlead to an applicant's perception of discrimination, eliminatethat question from the discussion. You can't possibly read theminds of job seekers now or in the future, especially when theones who ultimately weren't offered the job might try toconvince themselves that the reason they weren't hired was"discrimination" - rather than their level of skills. The resultcould be an unfounded and unnecessary legal action that would,at the very least, distract you from your current job functionsin meeting important and strategic company goals. Use thefollowing points as general guidelines to develop your list ofappropriate interview questions for all job candidates. If youhave questions about what's permitted by law (especiallyregarding special circumstances in your state), consult withyour company's legal department or another reliable source. Andabove all, remember this: If you believe any question or part ofyour discussion with a potential employee could be perceived asdiscriminatory, avoid it. Name You may discuss: use of anothername and additional information (relative to a change of name oruse of an assumed name) necessary to enable a check of educationor work record. You may not discuss: maiden name. For example,do not ask: What is your maiden name? What is your mother'smaiden name? Age You may discuss: before hiring, whether theapplicant is over the minimum age for the job's hours or workingconditions; after hiring, verifying same with a birthcertificate or other ID, as well as asking age on insuranceforms. You may not discuss: age; birth date; or questions thatmight identify the applicant's age, especially if he or she isover age 40. For example, do not ask: How old are you? What yearwere 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 thejob; offers of employment contingent upon verification ofidentity, residence and work authorization in the United States.You may not discuss: birthplace, nationality, lineage, ancestry,national origin and parentage of applicant or applicant'sparents or spouse. For example, do not ask: Where were you born?Where are your parents from? What's your heritage? What is yourmother's tongue? What language do you normally use? How did youlearn to read, write or speak a foreign language? Race/Color Youmay discuss: equal opportunity employment at your company; raceonly as required for affirmative-action programs. You may notdiscuss: race or color; complexion or color of skin, eyes orhair; any direct or indirect reference to race, color or racialgroups. For example, do not ask: What race are you? Are you amember of a minority group? Gender/MaritalStatus/Children/Childcare You may discuss: company policyregarding work assignment of employees who are related;anticipated absences from job; freedom to travel, if jobrequires; and ability to meet work schedule requirements. Youmay not discuss: applicant's gender, marital and family status;number or ages of children or dependents; provisions forchildcare; pregnancy; birth control; or name or address ofrelative, spouse or children of adult applicant. After hiringonly, you can ask about marital status/dependent information fortax and insurance forms. For example, do not ask: With whom doyou reside? Do you live alone? How many children do you have?Are you married? Do you plan on having children? Are youpregnant? Physical, Health or Mental Disability You may discuss:candidate's ability to perform essential functions of this jobwith or without reasonable accommodation; applicant'simpressions of performing the essential functions of the job;days of leave taken during the last year; and attendancerequirements of this job. You may not discuss: (until afteroffer is made and then only related to job performance) theexistence, type or severity of disability. For example, do notask: Do you have a disability that might interfere with yourability to perform the job? How many days were you sick lastyear? Do you have any preexisting health conditions? Do you have(name of disease)? Religion/Creed You may discuss: the company'sregular workdays and hours. You may not discuss: applicant'sreligion, religious days or whether religion would prevent himor her from working weekends or holidays. For example, do notask: What religion are you? Do you attend church regularly?Residence You may discuss: place of residence. You may notdiscuss: ownership of residence. For example, do not ask: Do youown or rent your home? How much are your house payments?Military Service You may discuss: relevant knowledge, skills andabilities acquired during applicant's military service. You maynot discuss: general questions about military service such asdates, discharge or service in a foreign military service. Forexample, do not ask: How long did you serve in (name ofcountry)? Where did you serve? Economic Status You may discuss:salary history, but you cannot use this information todisqualify 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 addressor past garnishments of wages. For example, do not ask: Have youever declared bankruptcy? How long have you lived at (address)?Organizations/Societies/Activities You may discuss: job-relatedorganizations, clubs and professional associations to which theapplicant belongs, omitting ones that indicate race, religion,creed, national origin, ancestry, sex or age. You may notdiscuss: all organizations, clubs and lodges to which applicantbelongs. For example, do not ask: Are you a member of a seniorcitizens' group? Have you ever been a member of (name ofreligious group)? Would you write down the names of all theclubs in which you're a member? Height/Weight You may discuss:height and weight issues that are related to the performance ofthe job. You may not discuss: height and weight issues that arenot related to the performance of the job. For example, do notask: Do you think you need to lose weight? Is being short aproblem for you? References You may discuss: who referredapplicant to the job and names of persons willing to provideprofessional references for applicant. You may not discuss:questions of applicant's former employers or acquaintances thatelicit information specifying applicant's color, race, religion,creed, national origin, ancestry, physical or mental disability,medical condition, marital status, age or sex. For example, donot ask: Did your last employer have a problem with yourdivorce? Have any of your former employers commented on yourancestry? Toward the end of each interview, be sure to explainthe next phase of your hiring process to all successfulcandidates. This description should include items such as aphysical or drug test (where applicable), as well as abackground check through an independent service such asVeriCruit (www.vericruit.com) to look into each candidate'sdriving history, Social Security number, criminal record, credithistory and possible listing on a sexual offender registry. Youmust obtain written permission from every candidate - on a formthat's separate from all of the other job application documents- to take these steps; if any of your candidates seem uneasyabout your request, take a few moments to discuss his or herconcerns before taking further action with that person in yourhiring process.
|
