Affirmative action obligations and promoting diversity

• All employers can hire marginalized people to promote diversity.

Certain federal contractors and subcontractors are obligated to have an affirmative action plan and take certain actions to promote diversity in hiring. They may target their recruitment efforts at women or minorities. They may also need to give preference to:

• Veterans under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA), or
• Individuals with disabilities under the Rehabilitation Act of 1973.

Taken together, these laws ban discrimination and require federal contractors and subcontractors to take affirmative action to ensure that all individuals have an equal opportunity for employment, without regard to:

• Race
• Color
• Religion
• Sex
• National origin
• Disability
• Protected veteran status

Promoting diversity does not need to be limited to affirmative action employers. All employers can target marginalized people in their recruitment efforts to try to diversify their labor pool. The Uniform Guidelines on Employee Selection Procedures offer guidance on avoiding adverse employment actions that may affect marginalized people during the selection procedures.

Application review tips

• There are many things employers should look for when reviewing applications.
• Unexplained gaps in employment are the biggest red flags.

When reviewing an employment application, employers should look for:

• Legibility: The application must be legible if the information it contains is to be verified. An unreadable application may be an applicant’s attempt to confuse or mislead.
• Accuracy: Names, phone numbers, and addresses of each past employer should be accurately and chronologically listed. Previous employers should be easy to follow up on. Although not an automatic disqualifier, an applicant’s information not matching other verifiable records is a cause for concern.
• Completeness: The application should include most of the required information.

Employers should look out for:

• Gaps in employment: Perhaps the biggest red flag to look for when reviewing an application is unexplained gaps in employment. An employer must fill in all employment gaps with verifiable information before making any hiring decision. Employers will confirm this during the interview process.
• Frequent job shifts: Why can’t the applicant seem to find the right employer? An unstable work history may be an indicator of larger problems with the applicant. Also, look for evidence of any pseudo employers listed.
• Names of supervisor(s) not listed: A prospective employee who fails to name specific previous managers or supervisors on an application may be attempting to hide a poor or unsafe work history. As a matter of company policy, an employer should ask applicants to not only list the names of previous employers, but the names of their direct supervisors as well.

Other potential causes for concern include:

• More emphasis on earlier experiences or education than recent,
• Missing information,
• Reasons given for changing jobs, and
• Job history showing decreasing responsibilities.

Screening resumes and applications

• Resumes should not take the place of a thorough employment application.

Careful applicant screening is an essential skill for finding quality new hires. Companies should assume that when they receive resumes, applicants are only providing the information that puts them in the best light. While a resume can be used as a general screening tool, it should not replace a thorough employment application.

There are many advantages to mandating application forms, such as:

• Comparing resumes and applications for discrepancies in information;
• Evaluating writing style, grammar, and punctuation, especially if it matters for the position;
• Having all applicant information in a consistent format for comparison purposes;
• Providing information that may be missing from resumes;
• Learning an applicant’s attention to detail and ability to thoroughly complete paperwork;
• Understanding how serious the applicant is about the position via the care put into their application; and
• Requesting an applicant’s signature that all information provided is true (and if it isn’t, having grounds for termination).

Above all, it is important for employers to be consistent in the review process. They may receive applications from all applicants, but not resumes. Relying on a resume alone for some, but not others, may cause inconsistencies in comparisons.

What not to include on an application

• Employers must be careful when considering what to ask on an application.

Employment applications are an excellent way to collect information about applicants in a standardized format, generally making it easier to quickly identify which candidates meet the minimum qualifications for the position. Unfortunately, due to the volume of state and local employment laws, a generic job application can also be a minefield for information that should not be considered during the hiring process. Almost all states have restrictions on what can be asked in an application, and employers should be familiar with and comply with the laws of each state in which the application will be used.

If employers haven’t updated their job applications in a while, they should give them a thorough review and consider the following:

• Citizenship status: Questions about a person’s citizenship might suggest discrimination based on national origin. Therefore, employers should not ask whether an applicant is a U.S. citizen, but rather if the person is legally authorized to work in the U.S.
• Age: Questions that request a person’s age, date of birth (DOB), or date of high school graduation should be avoided. However, asking whether a person is at least 18 years old or has the necessary work permit is acceptable.
• Criminal record: In multiple states, as well as individual counties and municipalities in states without a statewide law, ban-the-box legislation limits when employers may ask about criminal records, often prohibiting inquiries about convictions until the initial interview or job offer. This means the application may not ask, “Have you ever been convicted of a crime?” or any variation thereof.
• Social Security Number (SSN): While federal law does not prohibit employers from asking for a SSN on employment applications, it is best avoided due to privacy concerns, such as identity theft. Because such information is generally necessary for a proper background check, it is best to limit a SSN or DOB to the background check authorization form, and then limit who has access.
  • Some states have laws with specific requirements for protecting individuals’ personal information, so employers should ensure their recordkeeping practices are compliant.
• FCRA disclosure: Under the Fair Credit Reporting Act (FCRA), before employers can obtain a background check report from a third-party vendor, they must provide applicants with a disclosure stating that their company may obtain such a report for employment purposes, and applicants must authorize the check.
  • The FCRA disclosure and authorization, however, must remain separate from an application. The Federal Trade Commission has warned that the form should not include any extraneous information.
    • For example, the authorization should not include a waiver that releases the employer from liability for any inaccuracies in the report.
• Salary history: “What is your current salary?” was once a common job application question, but an increased interest in pay equity has inspired many states and cities to pass salary history bans that prohibit asking this question on an application or in a job interview. Such legislation also prohibits employers from using salary history to determine an individual’s compensation or benefits package.
  • Some jurisdictions prohibit any employer from asking about salary, while in others, the ban only extends to state agencies and departments.
    • The wording of such laws varies as well, with some states prohibiting employers from asking while others simply prohibit employers from refusing to hire, interview, promote, or employ applicants based on their decision not to provide salary history.
    • In some states with salary history bans, employers are allowed to seek salary history information after making a conditional offer of employment with a specified salary.
  • At least one state has contradictory laws, both banning:
    • State agencies from asking about salary, and
    • Local governments from banning asking about salary.
      • Employers should check all relevant state and local laws before deciding whether to ask candidates about their current or previous salary, and when in doubt, should avoid asking.

What to ask

• Behavioral questions work best for interviews.

When interviewing an applicant, behavioral questions work best. For example, an employer might say, “Tell me about a time when you handled an angry customer” to force candidates to recall a story about a difficult situation they handled.

The interviewer can expand on that and ask additional questions to elicit good information, such as:

• What was the problem?
• What did you do?
• Why did you do that?
• What was the outcome?
• What did you learn from that experience?

It is said that past performance is the best predictor of future performance, so finding out how applicants handled various situations in the past may be a good gauge of how they will perform in the future.

Additionally, interviewers can ask general questions to help determine if a candidate can perform the essential functions of a particular job, such as:

• What kind of job experience do you have?
• What aspects of your current job or previous jobs do you consider most crucial
• Of all the work you’ve done, what have been your biggest successes?
• What would you change about your current job?
• What aspects do you like best about your current job? Least?
• What are you looking for in your next job?

Questions to avoid

• Employers should avoid questions that are discriminatory or have nothing to do with a candidate’s ability to perform a job.

There are some questions that are never okay to ask before making a job offer (and in some cases, even after). These questions include:

• Marital status,
• Religion,
• Nationality,
• Union membership,
• Political affiliations,
• Salary history,
• If the candidate has ever filed a workers’ compensation claim or a lawsuit, and
• If the candidate has children.

These questions have nothing to do with the candidate’s ability to perform the job. Additionally, employers should avoid illegal questions that could elicit information that cannot be used in a hiring decision, such as gender, age, and race. In addition, many states and cities prohibit asking job candidate about their salary history.

Unless there is a legitimate business necessity, the following questions should be avoided:

• Are you married? What is your maiden name? Do you wish to be addressed as Mrs., Ms., or Miss?
  • However, employers may ask if the applicant has ever worked under a different name for the purposes of reference checking.
• Do you have children, plan to have children, or are pregnant?
• How old are you? What year did you graduate?
  • However, employers may ask if applicants have diplomas or degrees, and if they are 18 years or older.
• What is your nationality, race, or religion?
• Have your wages ever been garnished? Have you ever declared bankruptcy?
• Do you own your own home? How long have you lived at this address?
  • Because some marginalized people may be less likely to own their own home, this has been cited as discriminatory.
• What type of discharge did you receive from the military?
• Do you have a disability?
  • Employers can ask if the applicant can perform the essential job functions and meet attendance requirements with or without reasonable accommodation.
• How often do you drink alcoholic beverages or take illegal drugs?
• Have you ever filed a workers’ compensation claim or lawsuit against an employer?
• Have you ever been a member of a union?
• What clubs, societies, and lodges do you belong to?
  • Employers should ask only about organizations that applicants consider relevant to their ability to perform the job.

While most of these questions are not specifically prohibited by law, they are generally avoided because they do not reveal information that employers require to evaluate job qualifications, and the information could be used for discriminatory purposes.

For example, questions about children might lead to gender discrimination claims if applicants allege employment was denied based on the presumption that they would require more leave for child care. Asking for age itself is not a violation, but the question may indicate an intent to discriminate. Employers cannot retaliate against individuals for engaging in activities that they have a legal right to do, such as filing a workers’ compensation claim, joining a union, or joining other organizations that the company might disapprove of (such as religious societies), and therefore might show an intent to discriminate by asking.

While these questions are not unlawful on their own, an applicant or enforcement agency might assume that the company had a discriminatory reason for requesting the information if there wasn’t a legitimate need for it. If candidates volunteer information that is not supposed to be asked about or used in the hiring decision, interviewers should simply:

• Tell them the information isn’t relative to the job and won’t be used in the hiring decision, and
• Get the interview back on track.

Employers should be wary of offering promises. It is not unheard of for a supervisor to tell candidates, “If you work out, you’ll be promoted in a year or two.” If they take the job based on that promise of advancement and it doesn’t happen, they could sue for breach of an oral contract, and could very well win.

Successful interviewing strategies

• Interviewers should follow the 80/20 rule when interviewing applicants.

To keep the interview process not only legal, but successful, interviewers should:

• Use a pre-scripted list of questions designed to help judge applicants’ qualifications, skill levels, and overall competence;
• Ask the same questions of each candidate to avoid discrimination issues, but prepare specific questions for individuals to explore their work history and education;
• Verify the information provided on the application or resume and ask applicants to explain any gaps in employment history or excessive job hopping;
• Thoroughly describe the company and the position. Stress the good points about the job, but don’t mislead. Explain any aspects that may have presented problems in the past.
  • Some people welcome a challenge or are not intimidated due to successfully handling such issues in the past.
  • For others, it won’t be a good fit, but it’s best to know that at the outset before making a bad hire; and
• Let the applicant do most of the talking by follow the 80/20 rule, where the candidate does 80 percent of the talking and the interviewer does 20 percent.
  • Don’t feel the need to ask a question every time the candidate pauses. Silence will often encourage the candidate to offer more explanation.

It’s okay to take notes after each interview to remember who said what, but employers must be careful that what is written down won’t create liability for discrimination. For example, they shouldn’t write down a physical description based on race, national origin, or age to remember a candidate.

Sample interview questions by competency

Competencies are specific behaviors that help employers define a job, and, in turn, identify and assess candidates for particular positions. You can identify appropriate interview questions from the library that follows by first identifying the competencies you expect for the job in question. Once you’ve done that, select the appropriate question(s) from the list under your identified competencies to create an interview guide.

Virtual interviews

• Employers can use free services or vendors to conduct online interviews.
• Virtual interviews won’t make sense for every situation.

Because recruiting and hiring has been impacted by new capabilities of online communications, employers are increasingly choosing to conduct interviews virtually. Any company can conduct an interview online using services like Skype or FaceTime, and in some cases, these services are replacing preliminary phone interviews and allowing recruiters to get a better overall feel for an applicant’s demeanor. However, these free services can involve problems, such as a faulty internet connection, which can make for a frustrating, or even incomplete, interview.

Free services aren’t the only way to conduct virtual interviews. Some employers use vendors to administer their online interactions. Though the fees for services deter some employers, the costs may be justifiable for organizations that would otherwise pay for applicants’ travel costs.

Online interview vendors offer some significant advantages over free services, including:

• Increased accessibility for applicants, which typically require less bandwidth than video chat;
• Opportunity for an unlimited number of participants;
• Ability to record and save conversations securely; and
• Round-the-clock access to technical support.

Instead of virtual interviews, some employers ask applicants to submit a one-way interview by addressing a list of scripted questions in a video profile. In place of a first-round interview, some companies find these profiles to be quite convenient. They not only ensure that the same questions are asked of all applicants, but typically eliminate scheduling issues.

Though one-way interviews give employers the convenience of multiple reviews by decision makers, not all employers are convinced. The profile familiarizes the employer with applicants, but doesn’t give applicants the opportunity to get to know the organization, which can be an important part of the hiring process.

Virtual interviewing won’t always make sense, but in many situations, companies can find savings in both time and money. Taking the time to evaluate the potential benefits, even if limited to specific positions, might result in a considerable return.

When supervisors conduct interviews

• Employers must be careful not to accidentally invite a lawsuit before, during, or after an interview.

Interviewers have the potential to violate discrimination laws, and if managers responsible for hiring don’t have proper training, they could easily invite a lawsuit for the company. Anyone with hiring responsibility should know to avoid discriminating against individuals based on:

• Race
• Color
• Sex, including:
  • Sexual orientation
  • Gender identity
• Religion
• National origin
• Disability
• Age (over 40)
• Pregnancy
• Genetic information
• Union affiliation

In some state and local jurisdictions, individuals also can’t be discriminated against based on:

• Marital status
• Political beliefs
• Military discharge status
• Arrest and conviction records
• The usage of lawful products, including:
  • Cigarettes
  • Marijuana, in some states where it has been legalized

These lists are not exhaustive. Michigan, for example, prohibits discrimination based on a person’s weight.

Managers should be aware of the potential for blunders during small talk that often occurs before and after the interview. Just because the interview hasn’t officially begun doesn’t mean the laws against asking discriminatory questions don’t apply. For example, candidates might mention they had to find a sitter so they could attend the interview, and when they call to find out why they didn’t get the job, an untrained supervisor might say, “We just thought that with all your responsibilities at home, it might be difficult for you to travel as much as this job requires.” That statement alone could be grounds for a lawsuit.

In addition to knowing what not to say, supervisors or managers should know how to get the best results from interviews. Applications and resumes only give a limited amount of information, but an interview can reveal candidates’ attributes and show what they can bring to the table. Interviewers should realize that strong candidates who are interviewed after weak ones may appear even stronger, while the reverse is also true.

Hiring managers should understand that the process of avoiding discrimination extends beyond the interview. It starts when the interviewee is selected and extends until the statute of limitations for filing a discrimination claim based on failure to hire ends (typically one year). This could be an issue if a candidate who was interviewed, but not chosen, calls and questions the hiring process. What is said to the applicant is critical should the need arise to defend a hiring decision.

Interview notes can be trouble

• Employers should never write down something that could be construed as discriminatory.
• Employers should use clothing as safe reminders.

While it is a good idea to take notes during an interview, interviewers should be careful about the type of notes taken. It is best not to write down anything that could be construed as discriminatory, including personal characteristics, such as:

• Tall Black man
• Short Asian female
• Stutterer
• Older female

These can easily be construed as evidence of discrimination if that individual is not hired or considered for the position. It is also a good idea to avoid any notes that may be construed as biased towards or against someone, such as:

• Housewife
• Student
• Knows the owner

Although the intent in writing these notes may be completely innocent, employers don’t want to have to defend the notes taken, and describe what the thought process was, months or years down the road if the company is sued.

Instead, concentrate on other descriptions such as clothing (green dress, red-and-blue paisley tie), since these are an individual’s temporary features rather than personal characteristics. These types of memory-jogging notes are not only good reminders, but also not likely to get a company in trouble.

Finishing the interview

After the interview, employers should:

• Thank the candidate and explain when a decision might be reached or, if there are further steps, what the next step will be;
• Indicate when the applicant can expect to hear from the company;
  • Be sure to follow up as promised, otherwise the organization will lose credibility; and
• Close each interview by walking applicants out and asking how they felt about the process;
  • Feedback is helpful for refining the interview process, and in turn, they will feel valued.

Getting the most out of phone screening interviews

• Interviews should be brief and focus on questions for the applicant.
• Employers should save in-depth questions for an in-person interview.

Interviewing can be an arduous process, not only for employers and their hiring managers, but also for job applicants. Creating a streamlined process for screening candidates that is respectful of all parties involved can save employers both time and resources, and may have the added benefit of making a good first impression on applicants.

Many companies conduct phone interviews as part of the initial screening process, but these calls are not always used to their most effective advantage. To efficiently use phone interviews to identify top candidates from the wider field of applicants, employers should:

• Keep it short. They should strive for a brief interview, no more than 30 minutes. A good outline is to:
  • Spend the first five minutes explaining a little bit about the organization and where the open position fits within the company,
  • Spend the next 20 minutes on questions for the applicant, and
  • Spend the last five minutes answering any questions the applicant might have.
    • Employers should remember that the phone interview is just the first step to help identify final candidates, not to make an actual hiring decision, so they shouldn’t worry about trying to conduct a complete interview in a short time and should save more in-depth questions for an in-person interview.
• Confirm qualifications. The screening interview should confirm whether the applicant has the minimum required qualifications for the open position.
  • Employers should review the applicant’s resume and ask for any clarification on the person’s skills or experiences as they relate to the position.
• Clarify expectations. This is a good time for employers to get a feel for what the applicant might be expecting from the job and ensure it matches their expectations of a candidate. Often, such discussions are about:
  • Environment,
  • Fit, and
  • Salary.
    • Employers should confirm that their compensation is in the applicant’s expected range.

Two questions that often reveal interesting insight into an applicant’s expectations are:

• Why are you leaving your current job?
• What interests you about this job?

Employers may discover that the applicant wants to leave an environment that is very similar to the one offered at their company, or they could find that the applicant has a misunderstanding of the duties involved in the open position. Using the phone screening as a brief conversation to confirm that employers and applicants share an understanding of the position’s opportunities and expectations will give both parties the chance to confirm or reevaluate their interest before the process continues.

Interview questions can help weed out low performers

• Employers should be on the lookout for negativity, refusing accountability, and difficulty.

Sometimes, employers hire candidates who seem perfect for the position, only to later discover they do not measure up on the job. Initial impressions aren’t always correct, and although employers have tried to avoid forming falsely positive impressions based on a candidate’s experience and education, the fact that the employee didn’t work out suggests that they may have missed something during the interview. Their interview questions may need adjustments to highlight characteristics like negativity, refusing accountability, and difficulty.

Negativity

Employees who fail to meet expectations are not always pessimistic, but individuals with a negative or pessimistic outlook are often more likely to:

• Be low performers,
• Resist changes,
• Focus on the “down-side” of a situation,
• Create a self-fulfilling prophecy of failure, and
• Drag an entire team down.

In broad terms, a negative person is more likely to view a change in procedure or a difficult situation as a problem to endure, rather than a challenge or opportunity to overcome. While employers shouldn’t expect most candidates to view a difficult situation as an exciting adventure opportunity, they should look for an expression of willingness to face a challenge and deal with a situation realistically. They should be especially wary of candidates who merely complain about a situation.

Employers might identify this characteristic by asking candidates questions about:

• How they handled a difficult situation, and
• How they react to changes or challenges.

Ideally, a candidate will indicate that they adapted to the situation and, even if they disagreed with the change, they accepted the reality of the situation and moved on. In contrast, a negative person may have:

• Responded to a difficult situation with exasperation and resistance, rather than acceptance, and
• Remained focused on things they could not control, rather than on things they could control.

As an example, employers might ask candidates to describe a situation in which a new procedure was adopted that required them to learn a new process. Ideal candidates might indicate that they accepted the change and worked to learn the new process quickly, perhaps even assisting others. Conversely, a negative person might indicate they never understood why that change was made. They may even express their feelings by referencing others, perhaps saying that coworkers at that company disagreed with the change.

Refusing accountability

Employees who refuse to take responsibility for their actions can become a nightmare for their supervisors. A supervisor’s efforts to address performance or conduct problems may be met with self-justifying statements or attempts to place blame on others, rather than an honest willingness to work toward improving the situation.

Few people are willing to voluntarily admit their errors, but employees who are confronted with a problem should at least be willing to acknowledge their role and take responsibility for helping to resolve the situation. Employees who are less likely to improve:

• Insist it “wasn’t my fault;” or
• Blame their circumstances, while refusing to acknowledge their ability to influence those circumstances.

Interviewers may be able to identify this characteristic by asking candidates to describe a previous conflict with a coworker or supervisor, how it was resolved, and how they reacted. Ideal candidates might acknowledge that a failure in communication caused a problem and explain their efforts to resolve the situation.

Conversely, candidates who refuse to accept responsibility may:

• Describe a situation where someone else was the problem,
• Blame the other person for any failures in the resolution process, and
• Use “I” or “me” pronouns instead of “us” or “we.”
  • For example: “I don’t know why she hated me” instead of “We had several meetings to discuss our project and assign responsibilities.”

Difficulty

A difficult person is one who:

• Blows things out of proportion,
• Becomes upset by even minor challenges,
• Will react negatively to perceived slights even when no offense was intended.

No matter how technically competent candidates might be, employers don’t want difficulty in their company. This tendency might be identified through interview questions regarding negativity and refusing accountability. For example, if candidates are asked to identify a conflict and how it was resolved, the nature of the conflict selected might provide clues about:

• What they consider problematic,
• If the dispute was petty, or
• If they have experienced many conflicts.
  • These may indicate that they are easily overwhelmed.

Interviewing people with disabilities

• Employers should interview people with disabilities the same way they would people without them.

The Americans with Disabilities Act (ADA) became law in 1990. One of its main purposes was to remove barriers to employment for people with disabilities. The ADA Amendments Act became law on January 1, 2009, and fundamentally broadened the definition of “disability” to encompass more individuals.

The law requires employers to accommodate qualified individuals with disabilities. To do so, employers must engage in an interactive process, which is a give-and-take discussion with individuals with disabilities to determine if they can perform the essential functions of the job with or without accommodation. If accommodation is necessary, the parties involved should work together to find an acceptable solution. Employers must accommodate not only employees, but job applicants during the hiring process.

Discrimination may occur because interviewers make decisions based on stereotypes, misconceptions, or unfounded fears. Employers should remember that “disability” does not mean “inability,” and they should concentrate on what they can do, not on what they can’t.

In preparing to interview candidates with disabilities, employers should use a structured interview guide that is the same for every applicant and remember to:

• Focus on candidates, not their disabilities, if they have an obvious disability or reveal it during the interview;
  • Though, employers may ask them to describe how they would perform the job;
• Treat them with the same respect given to any candidate;
• Hold them to the same standards as all applicants;
• Ask only job-related questions regarding the job for which they are applying; and
• Concentrate on their technical and professional knowledge, skills, abilities, experiences, and interests.

Often, one of the biggest fears in interviewing people with disabilities is not knowing how to act during the interview. The best advice is to let them describe any assistance they may need. Employers should follow common courtesies and considerations, such as:

• Look directly at them even if there is an interpreter.
• Don’t automatically assume they need assistance.
  • Employers should be sure to ask first.
• Don’t express sympathy.
  • They don’t want pity. They want to highlight their relevant abilities.
• Don’t avoid questions asked of other applicants out of fear that they may be sensitive to it.
• Ask all questions in a direct manner, such as, “Can you lift 25 pounds?”

In most respects, interviewing people with disabilities is the same as interviewing people who are not disabled. Interviewers should ask job-related questions that focus on qualifications, experiences, and skills. Individuals with disabilities say they want to be treated as any other employee.

Online education

• Employers should not automatically discount applicants just because they received their degree online.
• Online education might yield greater diversity than a traditional classroom.
• Employers should always check that online institutions are accredited.

Years ago, the chance that employers would encounter a candidate with an online degree on their resume was slim. Today, students can earn a myriad of different types of degrees online following the same curriculum as on-campus students, sometimes from prestigious institutions. While there are some inferior or even illegitimate “diploma mills” out there, online education has the potential to supply a student with an education as valuable as one obtained in the traditional classroom.

The odds of seeing job applicants with online degrees has increased significantly in the past decade, especially in the fields of business/management and computer/information science, where the most online degrees are earned. Employers should consider giving applicants with online degrees the opportunity to prove the worth of their education by asking for examples of experiences and samples of their work.

Social skills and diversity

One argument against online learning is that individuals who get their education online aren’t forced to develop their social skills and interact with others in the same way they would in an actual classroom. While that may be true for some students, people may cultivate those skills in other ways, and the interview is a prime forum in which to find that out. For example, someone who pursued a degree online while working may possess even more compelling communication skills than someone who is fresh out of a four-year conventional brick-and-mortar institution.

Additionally, depending on the nature and caliber of the candidates’ online degrees, their virtual interactions with other students could include discussing business-related issues with people all over the world. In this way, online students may even have an advantage by having interacted with a more diverse group of individuals than they might have in a traditional classroom.

Consider the reasons behind the degree

When assessing the value of candidates’ online degrees, employers should consider why they chose to pursue a degree online. Many individuals do so not to avoid the traditional classroom, but to balance education with other responsibilities, such as a busy career or a family. By considering why the candidates sought a degree online, a company might become aware of characteristics they possesses that could make them a good fit for the organization.

For example, a mother with full-time childcare responsibilities or a working professional who pursued an online degree likely needed considerable skills that could be valuable characteristics in the workplace, such as:

• Organization
• Focus
• Self-motivation
• Time management
• Multi-tasking
• Confidence
• Determination

Evaluating online education

Employers shouldn’t dismiss the applications of potentially good employees solely because of the way they obtained their degrees. The goal should always be to hire the best and the brightest talent available, and this could mean an individual with a traditional education or an online one. If considering an applicant with an online degree, employers should keep in mind that not all online universities are created equally. It may take some legwork to determine which online degrees and universities are both legitimate and valuable to the organization.

Accreditation status

For traditional brick-and-mortar institutions, most employers are familiar enough with the individual schools that they don’t need to turn to official ratings. However, since some online schools may not be as recognizable, turning to a school’s accreditation status can help. Accreditation is a process that evaluates a school’s:

• Mission
• Goals
• Resources
• Admission requirements
• Quality of faculty and educational offerings

Unfortunately, just as there are a few less-than-reputable online colleges and universities, there are also phony accrediting agencies. Sometimes, these are even created by counterfeit institutions to sanction themselves. However, both the U.S. Department of Education and the Council for Higher Education Accreditation:

• Maintain lists of recognized accrediting agencies in the United States, and
• Allow employers to determine which institutions have been accredited by approved agencies.

Researching accreditation can help identify institutions that are little more than “diploma mills.” These are schools that:

• Grant degrees without requiring that students complete an adequate course of study.
• Won’t receive reputable accreditations.
  • When an institution meets accreditation standards, this will be expressly clearly—employers should beware of phrases such as “chartered,” “licensed,” or “authorized.”
• Might issue fake degrees from real institutions.
  • Employers should always double-check applicants’ credentials.

The number of students choosing online education is growing, so instead of missing out on talented employees who choose a virtual path to education, employers should take some time to evaluate online institutions. Checking schools’ accreditation and applicants’ credentials can help ensure that an individual’s degree comes with a reasonable expectation of quality.

Providing an employee handbook

• Employers are not legally required to provide a handbook, but it is considered a best practice.
• Employers should be careful how they word reading agreements signed by employees.

While employers are not legally required to provide a company handbook to employees, it is considered a best practice to provide the workforce with an overview of company policies and procedures. During orientation, employers should:

• Refer to the handbook as the company’s rule book, and
• Provide contact information in case new employees have questions about the various policies in the future.

While specific policies are generally not required by federal law, developing a policy may be a condition of a government contract. For example, federal contractors may need an equal employment policy.

Similarly, federal law does not specifically require employers to have a sexual harassment policy, but it is highly encouraged.

In most cases, if a state or federal agency wants to make employees aware their rights under a law, they will require a poster or other notice be placed in a conspicuous location, rather than mandate that an employer develop a policy. For example, all employers must post notices about:

• Workplace safety, and
• Wage and hour laws.

Most employers must post notices about:

• Equal opportunity employment,
• Harassment, and
• Workers’ compensation laws.

Recommended policies

In addition to posting any required notices, the Equal Employment Opportunity Commission (EEOC) recommends that employers have written policies on:

• Discrimination
• Harassment

Other recommended policies might include:

• Substance abuse and drug testing for reasonable suspicion, or
• Searches of work areas (to remove the expectation of privacy).

Employers may also want policies on dress codes, workplace conduct, and other work rules that employees need to know.

Required reading

There are several ways to get employees to read the company handbook, such as:

• Giving a quiz or test that incorporates various parts of the handbook, and
• Having employees sign and return a statement that they have received the handbook.

If employees will sign a statement upon receipt of the handbook, employers should consider the wording of the statement. Instead of having employees sign that they “have read” the handbook when they may not have, the statement could say that employees “agree to read” the handbook. If there is a later dispute, the statement will more accurately reflect the situation and places responsibility on the employee to read the book.

What paperwork is required for new employees?

• There are many forms new employees and their employers must complete upon hire.
• Remote employees may show their authorizing documentation virtually when an employer participates in E-Verify.

Frequently, new Human Resources (HR) practitioners will ask what type of information gathering and paperwork is required when hiring employees. Seasoned HR practitioners know hiring employees can create a lot of administrative work depending on company culture and benefits offerings, such as:

• Health insurance electives
• 401(k) contributions
• Employee handbooks
• Emergency contact information

Aside from employer-specific paperwork, the only forms that all new hires are required to complete under state and federal law are:

• Form I-9: Also known as the Employment Eligibility Verification form, the I-9 requires employers to document that they are hiring only people authorized to work in the United States.
  • Employers should be aware that Section 1 on the form must be completed no later than the employee’s first day of work for pay.
• Form W-4: Also known as the Employee’s Withholding Allowance Certificate, the W-4 is an IRS form employees fill out to determine the amount of federal taxes to be withheld from their paychecks.
• State income tax forms: Some states have their own income tax withholding forms similar to the W-4 that employees must complete to determine the amount of state income tax to be withheld from their paychecks.
  • The U.S. Department of Labor’s Bureau of Labor Statistics has a complete list of state tax withholding forms on its website.

Additional employer requirements

While new employees are required to fill out only a few forms, employers are required to complete additional federal IRS forms and state forms depending upon the types of withholding they do on behalf of employees, such as:

• Unemployment
• Medicare
• Social Security
• Insurance

In addition, new hire reporting is mandated by federal law under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. The intention is to help state child support agencies quickly issue garnishment orders. The Office of Child Support Enforcement (OCSE) works with states to match new hire reports against child support records, so they can locate parents who owe child support.

Employers are required to report new hires, including rehires and temporary workers, to a designated state agency no later than 20 calendar days after the date of hire. The designated agencies vary by state, and many states impose penalties for failure to properly report. The OCSE has a list of the state agencies on its website.

Multi-state employers (those with employees working in two or more states) that want to submit the required reports electronically can designate one state (in which any employee works) to receive all new hire reports. Employers that elect this option must inform the Secretary of the U.S. Department of Health and Human Services in writing of their choice and identify the chosen state. The OCSE has an online form available to submit this notification. Employers that don’t make this designation must report new employees to each of the respective state agencies.

Form I-9 and remote hires

The employee fills out and signs Section 1 of the form and the employer fills out and signs Section 2. The employer must also review an employee’s documents to confirm identification and eligibility to work in the United States. In cases where U.S. employers hire new employees who don’t physically come to their offices to complete paperwork, employers may designate agents to carry out their I-9 responsibilities. Agents may include:

• Notaries public
• Accountants
• Attorneys
• Personnel officers
• Foremen

Employers should choose an agent carefully because they will be held responsible for the agent’s actions.

An employer enrolled in E-Verify can conduct a video review of employee documents. When video review is used, the employee must send copies or photos of the identity and work authorization documents to the employer. The employee also presents the documents during a live video call. The employer makes sure the documentation relates to the employee and examines the documents to ensure they reasonably appear to be genuine. The employer checks a box in Section 2 to indicate that identity and work authorization documents were reviewed remotely. Copies of the documents are kept with the employee’s Form I-9.

Employers should not:

• Ask new employees to complete Section 2 themselves.
• Ask to see specific documents. The employee gets to choose which documents to present. Acceptable documents are listed on the Form I-9.
• Conduct a video review of documents unless they are enrolled in E-Verify.

Onboarding is important for new managers, too

• Proper onboarding is vital for new managers, both first-time managers and seasoned ones.

In current business management models, companies tend to have high expectations for managers. These responsibilities can be daunting for any manager, but it can be especially challenging for new managers. Those who have never held a leadership position might struggle to find a balance between executing their individual duties and fulfilling their new management obligations, and experienced managers who are new to the company might need guidance to understand company culture and team dynamics.

For managers to be effective leaders and advocate for their teams, they need to:

• Understand their roles and how to navigate within the organization; and
• Be educated about the company’s culture, priorities, and goals.

Whether a manager is new to the company or newly promoted, employers should take the time to develop a manager onboarding process that includes:

• Communication about company history and goals. Beyond understanding the products or services offered by an organization, managers should recognize:
  • The overall direction and goals of the company,
  • The company’s philosophy and values, and
  • What was learned from past successes and failures.
• Discussion about department or team role in organization. New managers should learn about the day-to-day work that they are responsible for overseeing, but should also understand:
  • What role their team plays within the organization,
  • How the group contributes to the overall company goals,
  • Strengths and opportunities for the team, and
  • Challenges and areas that may need improvement.
• Help establishing good relationships with key people. One of the best ways to prevent departmental silos, and ensure that managers work together across departments, is to help them build bridges from the start. To help new managers meet and get to know other department managers, employers should schedule:
  • One-on-one meetings, and
  • Group lunches.
    • This bonding can lead to a more collaborative work environment.
• Guidance in understanding company culture. Pairing new managers with mentors can help new managers navigate the:
  • (Usually unspoken) cultural traditions and norms of the organization, such as:
    • Formal and informal power structures, and
  • Personal backgrounds of employees.
    • Learning about organizational culture early can help new managers avoid making a faux pas that could create setbacks in key working relationships, such as stepping on delicate egos.

Onboarding may prevent new-hire ghosting

• The best way for employers to prevent being ghosted by new hires is to ensure they don’t ghost them.
• There are many ways for employers to entice new hires to stay.

Ghosting is a slang term used to describe the ending of a relationship by withdrawing from all communication without explanation. Once relegated to the dating scene, ghosting has become a problem in the workplace, adding more stress to managers and Human Resources (HR) professionals who, after spending time and resources courting a qualified job candidate, find themselves completely cut off from contact.

Workplace ghosting happens primarily during the hiring process, but employees completely cutting off communication with employers and abandoning their new positions shortly after they’ve started working is increasingly common. While there’s no way to completely prevent job ghosting, employers should do everything they can to keep their new employees coming back.

The best way for employers to prevent being ghosted by new hires is to ensure they don’t ghost them. Sometimes, employers put so much effort into hiring that they:

• Think their work is done once an employee starts, and
• Immediately go back to their regularly scheduled job duties.

Imagine how it feels for new employees to be left completely on their own to figure out the job after the flood of attention received on the first day or two. To reduce the risks of being ghosted by new hires, employers should onboard as quickly and thoroughly as possible, and:

• Don’t assume new hires are happy. This job may have been a runner up that they accepted after being rejected by their dream company.
  • Employers should make it their mission to prove that this job is a good fit for them.
• Watch for red flags. Do new hires come to work over-dressed and then mysteriously disappear for a few hours on random days? Are they stepping outside to have private phone conversations? They might still be in job-search mode.
  • While employers don’t want to invade anyone’s privacy and can’t prohibit employees from using off-time for interviews, they should make it their mission to convince new hires that this is the right job for them.
• Give lots of feedback. Everyone is nervous the first few months on the job. Frequent productive feedback can be a lifeline to new employees who are struggling, but afraid to ask for help.
• Make it okay to use perks. New hires may have been attracted to the company because of the perks offered, such as flex time, so employers should be sure to send out the message that it’s okay to use them.
  • For example, if employers bragged about the company cafeteria when they interviewed potential employees, they should encourage team members to invite new hires to eat there with them instead of alone at their desks.
• Don’t assume they know it all. Employers should assume they are just uncomfortable asking. It is better to over-inform new hires about all the nuances of the job and company than under-inform them.
  • Of course, employers shouldn’t overwhelm them on their first day, either.
• Make sure they’ve got the tools they need and are comfortable with the technology. Just because new hires are tech savvy doesn’t mean they are proficient on every type of equipment and every app on every platform. Maybe they even exaggerated their proficiency level a little on their application.
  • Rather than having them struggle on their own, reduce frustration by:
    • Providing training options, and
    • Offering information on who to contact when systems freeze, passwords are forgotten, or software needs upgrading.
• Assign a mentor, or at least a buddy. New hires may be reluctant to ask for help, especially from a supervisor. Employers should pair them up with a peer who:
  • Can point out where the office supplies are stashed,
  • Has the best candy on their desk, or
  • Has tips and tricks with the software.
• Help new hires connect to a broad range of people. If employers have assigned new hires a mentor, they shouldn’t make it an exclusive relationship. They should assign new team members to work with other individuals and groups, too, so they can observe who they click with.
  • It’s harder to abandon a job after they’ve made friends.
• Take input seriously. If employers were impressed with new hires’ ideas and experience during the interview, they shouldn’t brush off suggestions for improvement now that they are employees.
  • New employees who feel like they are being taken seriously and contributing are more likely to stay.
• Let them be themselves. Employers shouldn’t constantly compare new hires to the employees they are replacing.
  • This can make them feel like it’s impossible to fit in or live up to standards that were set.

Reintegrating ‘boomerang’ workers

• Because they are already familiar with the company, boomerang employees are beneficial.
• Employers must still show boomerang employees time, care, and attention.

If employers have ever had their favorite employees leave their company for an opportunity elsewhere, they have probably wished that they would return and work with them again. They are not alone. When high-performing employees return to work for former employers, it is called the “boomerang” phenomenon, and it is a growing trend in the workplace.

Because they are already familiar with company culture and corporate policies, employers cite boomerang employees as beneficial because they:

• Cost less to train, and
• Can acclimate to a position faster.

But rehiring former employees isn’t as simple as showing them to their desks and getting back to business as usual. Supervisors need to consider a reintegration process to ensure that the reunion they envisioned goes smoothly for all parties involved.

The hiring and reintegration process will vary depending on:

• How many years employees have been away from the company, and
• Whether they are returning to a different position.

Setting the tone for boomerang success

One potential issue supervisors may underestimate when former colleagues return is possible tension. This may be because:

• Employees leaving on good terms with most people doesn’t mean the remaining members of the team don’t harbor any feelings of abandonment, or
• Employees rejoining the firm with a promotion might make both newer and tenured team members feel resentful that they are being placed in a position of authority or seniority seemingly without earning the right.

Once the decision is made to rehire a former employee, employers should notify the rest of the staff a few weeks prior to the start date so they have time to ask questions or voice concerns. An open-door policy will give employers the chance to address potential grievances ahead of time to prevent the returning employee from walking into a tense and unwelcoming atmosphere.

Managing expectations

Upon employees’ returns, employers will want to debrief them on any:

• Company culture changes, or
• Shifts in company priorities, products, or policies.

Employers should keep in mind that transitioning back to the company may be somewhat uncomfortable for boomerang employees at first, especially if a lot of changes have occurred during their absence.

If they are being hired back to the previously held positions, employers will want to bring them up to speed on any responsibilities that may have changed. If it is a new position, they should undergo an onboarding and training program like any new hire.

Regardless of if the position is new or familiar, employers should:

• Encourage the employee to ask questions, and
• Provide a mentor within the department who can assist during the first few weeks.

Monitoring progress and giving feedback

Although employers may already have an established relationship with boomerang employees and training may go faster than with new hires, they will still want to show interest in training progress and give regular feedback.

In fact, feedback and encouragement may be even more important in the early stages of rehire training, since the abbreviated process may cause boomerang employees to be concerned that they are not:

• Getting up to speed fast enough, or
• Living up to employers’ expectations for their performance.

Employers should make it a point to check in with boomerang employees regularly to ask:

• How they are adjusting,
• What concerns they may have, and
• If there is anything they can do to ease their reintegration in the company.

Studies have shown that boomerang employees are more productive workers because they tend to be more engaged and committed to the companies they rejoin. But employers shouldn’t take that commitment for granted. A happy, successful reunion must be earned by:

• Setting the tone in the workplace,
• Managing expectations, and
• Offering encouragement and feedback to returning employees.

Mentoring programs

• Having a mentoring program helps mentors, mentees, and companies.
• It is best if people volunteer, but duties can be assigned if necessary.

Assigning a mentor for new employees is a good way to ensure that they have someone they can approach with questions and problems. If the company conducts a mentoring program for new employees, employers should use orientation to explain the program’s:

• Goals,
• Procedures, and
• Benefits.
  • Employers should introduce new employees to their mentors as soon as the process allows.

Establishing a mentor pool

To have a mentoring program, a company must first have mentors. It’s best to have several to choose from, both for scheduling purposes and to prevent burnout. To begin establishing a mentor pool, employers should look for the right types of people, such as:

• Employees who can fulfill the role required because of time and willingness, and
• Employees with good characteristics, such as:
  • Good temperament and personality,
  • Thorough understanding of company policies and goals,
  • Positive on-the-job attitude,
  • Peer and subordinate respect, and
  • High quality of job performance.

It may work best if each mentor is assigned to only one new employee, as it can be a time-consuming process.

Train the mentor

While employees chosen to be mentors may understand the company functions, procedures, and culture, they may not know how to approach the mentoring task. A large part of this is organization, but other things that may not be apparent are:

• What to do first,
• What not to do,
• How much is too much, and
• How to make new employees feel comfortable.

It’s a good idea to develop a formal training program for mentors, teaching them how to:

• Describe goals and objectives of the mentorship;
• Explain written materials new employees may need or ask for;
• Clarify jargon or technical language, company or industry-specific, new employees may not understand;
• Describe the workplace to new employees;
• Help new employees feel comfortable;
• Recognize problems the new employee may have; and
• Discuss practical ways to perform the job better.

Mentor checklist

As part of the mentor training, employers should give mentors a checklist containing the critical items they should cover with new employees. The checklist might include:

• Introductions;
• Describe the workplace;
• Tour the new employee’s department;
• Give employees a “who works on what” list;
• Show break rooms, cafeterias, meeting rooms, etc.;
• Discuss time-off procedures;
• Discuss safety procedures (where to get personal protective equipment, etc.).

Assigning mentors

Mentoring is a win-win situation because:

• New employees benefit from having someone to turn to whose job it is to answer questions, and
• Mentors benefit from developing leadership skills.

Successful mentoring programs are a win-win-win proposition because:

• The company wins by mentoring strengthening workforce competencies, thereby helping the company achieve its objectives,
• Mentees win by receiving advice and counsel that helps put them on a fast track or helps them overcome obstacles in their career development, and
• Mentors win by having the opportunity to share their knowledge and leave a legacy.

It’s best to have a volunteer do the mentoring, but it’s okay to designate someone if nobody volunteers. Employers should choose an employee who:

• Knows the ropes,
• Will guide the employee well,
• Follows the rules,
• Doesn’t cut corners,
• Prioritizes safety, and
• Will teach the new employee to do things the right way (the first time).

Applicability

• While the EPPA limits how employers may administer lie detector tests, there are exemptions that apply.
• Employee refusal to take a test may not automatically be used to perform an adverse action.

The Employee Polygraph Protection Act (EPPA) applies to employers engaged in or affecting commerce. The law does not apply to federal, state, and local governmental employers. In general, it prevents employers from using lie detector tests either for:

• Pre-employment screening
• During employment

The employer cannot discipline, discharge, or discriminate against employees for refusing to take a lie detector test or for exercising their rights under the Act. However, the Act contains several exemptions that do allow certain types of employers to give lie detector tests under certain circumstances.

Exemption applicable to government contractors

The federal government can administer lie detector tests to private-sector contractors and their employees under the Act’s National Defense and Security Exemption. The exemption allows the federal government, in the performance of any counterintelligence function, to give lie detector tests to contractors and their employees who work for the:

• Department of Defense
• Department of Energy (when the contract is in connection with atomic energy defense activities)
• Federal Bureau of Investigation

The federal government, in the performance of any intelligence or counterintelligence function, can give lie detector tests to contractors and their employees who work for the:

• National Security Agency;
• Defense Intelligence Agency;
• Central Intelligence Agency; or
• Any federal government department, agency, or program whose duties involve access to information:
  • Classified at the level of “top secret;” or
  • Designated as being within a special access program under section 4.2(a) of Executive Order 12356, or a successor Executive order.

Under the exemption, the law puts little restriction on how the federal government can use lie detector tests (on private-sector contractors) for the above national defense and security reasons. They may use any type of lie detector, such as:

• Deceptograph
• Voice stress analyzer
• Psychological stress evaluator
• Any other similar device

The government is not limited to using polygraphs, which simultaneously record changes in cardiovascular, respiratory, and electrodermal patterns.

These agencies may conduct their lie detector tests without having to meet the Act’s provisions for:

• Using the test as the basis for adverse employment action;
• The rights of the examinee;
• The qualifications of examiners; or
• The disclosure of results.

Exemption for private-sector security firms

Employers who provide security services can give polygraph tests to certain prospective employees under the Act’s Exemption for Security Service. The firm’s primary business activity must be providing certain services (such as armored cars, alarm systems, or security guards) that function to protect:

• Various public infrastructures
• Hazardous materials
• Currency
• Valuables
• Information

The polygraph tests may be given only to prospective employees who would protect these facilities, materials, operations, or assets. The results of a test, or the refusal to take one, may not be used as the sole basis upon which an adverse employment action is taken against a prospective employee, such as:

• Denial of employment
• Denial of promotion
• Other discrimination

Exemption for private-sector drug-related firms

The Act has similar exemptions for employers that manufacture, distribute, or dispense certain controlled substances under the Act’s Exemption for:

• Drug Security
• Drug Theft
• Drug Diversion Investigations

These employers may administer polygraph tests to prospective employees who would have direct access to the controlled substances. To test current employees:

• There must be an ongoing investigation of misconduct involving the controlled substances; and
• They must have had access directly related to the investigation.

The results of a test, or the refusal to take one, may not be used as the sole basis upon which an adverse employment action is taken against a prospective employee, such as:

• Discharge
• Disciplinary action
• Denial of employment
• Denial of promotion
• Other discrimination

Exemption for any private-sector employer

Any private employer may give polygraph tests if there is an ongoing investigation involving economic loss or injury to the employer’s business under the Act’s Limited Exemption for Ongoing Investigations. The exemption states that before employers may administer polygraph tests:

• They must have been the victim of theft or other wrongdoing;
• The employee must have had access to the property in question; and
• Employers must have reasonable suspicion that the employee was involved.

Employees may not be discharged, disciplined, denied employment or promotion, or otherwise discriminated against in any manner based on the analysis of a test or the refusal to take one without additional supporting evidence, such as:

• Their access to the property; and
• The reasonable suspicion that they were involved in the incident or activity under investigation.

Administering tests in the private sector

• Both employers and examiners have responsibilities when performing polygraph tests.
• Both employers and examiners must keep pertinent paperwork for three years.

Private-sector employers administering a test under one of the Employee Polygraph Protection Act (EPPA)’s exemptions have responsibilities before, during, and after the test.

Employers conducting an ongoing investigation must provide examinees a written statement before giving them a polygraph test. The statement must:

• Describe the incident being investigated;
• Identify the specific economic loss;
• Indicate that the employee had access;
• Describe why they have reasonable suspicion of the employee’s involvement; and
• Be signed by the employer.

The following examinee rights apply to all private-sector employers administering a test under one of the Act’s exemptions:

• Examinees must get a written notice of:
  • The date, time, and place of the test; and
  • Their right to have legal counsel or an employee representative before each phase of the test.
• Examinees must be informed in writing of:
  • The nature and characteristics of the tests; and
  • The instruments involved.
• Examinees must be informed in writing of:
  • Whether the test area has a two-way mirror, camera, recording device, etc.; and
  • That the employer or employee may make a recording of the test.
• Examinees must sign a written notice stating that:
  • They cannot be required to take the test as a condition of employment;
  • Statements made can support adverse employment action, including termination; and
  • They have various legal rights and remedies.
• Examinees also have a right to review all test questions.
  • During the test, the examiner may ask only the questions that were previously disclosed to the examinees.
• Examinees must be informed that they can stop the test at any time.

Following the test, before employers may use the results for any adverse employment action, they must:

• Review the test results with the employee;
• Provide the employee with a written opinion of the results; and
• Give the employee a written copy of the test questions with corresponding charted responses.

During any part of the test process:

• The examinee may terminate the test;
• The examiner may not ask degrading or discriminating questions;
• The examiner may not ask questions concerning the examinee’s beliefs regarding:
  • Religion;
  • Race;
  • Politics;
  • Sexual behavior; or
  • Labor union activities.; and
• The test may not take place if there is written evidence by a physician that a medical or psychological condition could cause abnormal responses.

Examiner requirements

When any private-sector employer administers a polygraph test, the examiner must:

• Have a valid state-issued license, if applicable; and
• Be bonded at $50,000 or hold an equivalent amount of professional liability insurance.

The examiner may not conduct more than five polygraph tests per day, and each test must be at least 90 minutes in duration. Their opinion must be in writing, based solely on the test results, and cannot include any employment recommendations.

Disclosure of results

With some exceptions, only the examinee may disclose information obtained during a polygraph test.

The Act allows the polygraph examiner to disclose information from a test only to the:

• Examinees or anyone specifically designated in writing by them; and
• Employers who requested the test.

However, in accordance with due process of law pursuant to a court order, examiners may also disclose information to any:

• Court
• Governmental agency
• Arbitrator
• Mediator

A private-sector employer for whom a test is conducted may disclose information from the test only to:

• Examinees or anyone specifically designated in writing by them; and
• Governmental agencies, if the disclosed information is an admission of criminal conduct.

Poster

Private-sector employers must post a notice describing the Act where it will be conspicuous to both employees and applicants for employment.

Recordkeeping requirements

Private-sector employers who conduct polygraph tests as part on an ongoing investigation must maintain, for three years, a copy of a signed statement that is provided to the examinee before the test. The statement must:

• Identify the specific economic loss or injury to the business of the employer;
• Indicate that the employee had access to the property that is the subject of the investigation; and
• Describe the basis of the employer’s reasonable suspicion that the employee was involved in the incident or activity under investigation.

It would be a best practice for all private-sector employers to retain records involving the rights of the examinees, found above.

For at least three years following the test, examiners must keep all:

• Opinions
• Reports
• Charts
• Questions asked during the test
• Lists
• Other records

Employee protections when exemptions do not apply

• Employers may not take action against employees or prospective employees for exercising their rights under the Act.

The Employee Polygraph Protection Act (EPPA)’s exemptions do not apply in all situations. When no exemption applies, employees and prospective employees are entitled to the Act’s protections.

The law prohibits employers from directly or indirectly requiring, requesting, suggesting, or causing any employee or prospective employee to take or submit to any lie detector test. The employer may not use, accept, refer to, or inquire concerning the results of any existing lie detector test that an employee or prospective employee may have already taken.

Employers may not take action against employees or prospective employees for exercising their rights under the Act. Those rights include:

• Refusing, declining, or failing to take or submit to any lie detector test;
• Filing a complaint with the Wage and Hour Division;
• Instituting a complaint in civil court; and
• Testifying in a proceeding.

Employers may not retaliate against employees based on their assertion of their rights or any lie detector test by:

• Discharge
• Discipline
• Discrimination in any manner
• Denial of employment
• Denial of promotion
• Threatening to take any action

Penalties

Employers who violate the Act can be assessed a civil penalty of no more than $10,000, and employees or prospective employees can bring civil suits against them.

States laws

Many states have their own statutes, especially involving examiner licensing, stricter provisions than the federal law, and admissibility of the results. State statutes usually have a wider scope than the EPPA.

Key provisions to the FCRA

• There are many key provisions to the FCRA that employers should be aware of.

There are many key provisions of the Federal Credit Reporting Act (FCRA), including:

• Certifications to consumer reporting agencies (CRAs),
• Written notices and authorization,
• Adverse action procedures,
• Trucker exemptions,
• Employee misconduct investigation exclusions, and
• Enhanced disclosure requirements related to credit scores.

Certifications to consumer reporting agencies

Before giving employers an individual’s consumer report, the CRA will require them to certify that:

• They are in compliance with the FCRA, and
• They will not misuse any information in the report in violation of federal or state equal employment opportunity laws or regulations.

Written notice and authorization

Before employers can get a consumer report for employment purposes, they must:

• Notify the individual in writing that a report may be used. This document must consist solely of this notice, and
• Get the person’s written authorization before they ask a CRA for the report.
  • Special procedures apply to the trucking industry and for employee misconduct investigations.

Adverse action procedures

An adverse action is when employers:

• Deny a job application
• Reassign or terminate an employee
• Deny a promotion

If employers rely on a consumer report for an adverse action, there are steps to follow, such as:

• Before they take the adverse action, they must give the individual:
  • A pre-adverse action disclosure that includes a copy of the individual’s consumer report; and
  • A copy of “A Summary of Your Rights Under the Fair Credit Reporting Act,” a document prescribed by the Federal Trade Commission.
    • The CRA that furnishes the individual’s report will give the employer the summary of consumer rights.
• After they have taken an adverse action, they must give the individual an adverse action notice orally, in writing, or electronically. It must include:
  • The name, address, and phone number of the CRA that supplied the report;
  • A statement that the CRA that supplied the report did not make the decision to take the adverse action and cannot give specific reasons for it; and
  • A notice of the individual’s right to:
    • Dispute the accuracy or completeness of any information the agency furnished, and
    • Request an additional free consumer report from the agency within 60 days.

Trucker exemption

In 1998, Congress amended the FCRA to provide special procedures for mail, telephone, or electronic employment applications in the trucking industry. In the case of applicants who will be subject to state or federal regulations as truckers, employers do not need to:

• Make written disclosures, or
• Obtain written permission.

No pre-adverse action disclosure is required. Instead, employers must, within three days of the decision, provide an oral, written, or electronic adverse action disclosure consisting of:

• A statement that an adverse action has been taken based on a consumer report;
• The name, address, and telephone number of the CRA;
• A statement that the CRA did not make the decision; and
• A statement that consumers may obtain a copy of the actual report from employers if they provide identification.

Also, employers should be aware of the procedures with respect to obtaining and providing information about a driver’s safety performance history set under:

• Section 4014 of TEA-21 (Transportation Equity Act for the 21st Century, enacted June 9, 1998), and
• CFR 391.23.

Enhanced disclosure requirements related to credit scores

Section 1100F of the Dodd-Frank Wall Street Reform and Consumer Protection Act amended the FCRA’s disclosure requirements related to adverse action taken because of an individual’s credit score.

If a credit score is used in whole or in part in employers’ decisions to take adverse action against an employee or applicant, they must disclose the following information either electronically or in writing:

• The credit score used in taking adverse action;
• The range of credit scores possible under the credit scoring model used;
• The factors that adversely affected the credit score, ranked in order of importance;
  • This should not exceed four. If the number of credit inquires is itself a factor, this must be reported and should not be counted as one of the four factors.
• The date the credit score was created;
• The name of the CRA that supplied the credit score; and
• A prescribed statement explaining credit scores.

The enhanced credit score disclosure requirements are in addition to the existing pre-adverse action and adverse action disclosures.

Employers do not need to make the additional credit score and related information disclosures if:

• No credit score is used in making an adverse employment decision, or
• A decision is made because an individual has no credit score.

However, they will still need to provide the traditional pre-adverse action and adverse action disclosures.

How the FCRA affects employers

• The FCRA is designed to protect the privacy of consumer report information and to guarantee that the information supplied by consumer reporting agencies is as accurate as possible.

Employers may use consumer reports when they hire new employees and when they evaluate employees for promotion, reassignment, and retention —as long as they comply with the FCRA. The FCRA spells out employer responsibilities when using consumer reports for employment purposes.

The FCRA is designed primarily to protect the privacy of consumer report information and to guarantee that the information supplied by consumer reporting agencies is as accurate as possible. Amendments to the FCRA over the years have significantly increased the legal obligations of employers who use consumer reports. Congress expanded employer responsibilities because of concern that inaccurate or incomplete consumer reports could cause applicants to be denied jobs or cause employees to be denied promotions unjustly. The amendments ensure that individuals are:

• Aware that consumer reports may be used for employment purposes and agree to such use,
• Notified promptly if information in a consumer report may result in a negative employment decision, and
• Provided contact information for the consumer reporting agency that provided the information.

FCRA in practice

• These four scenarios help exemplify FCRA in practice.

Scenario 1:

An employer advertises vacancies for cashiers and receives 100 applications. The employer wants just credit reports on each applicant because the employer plans to eliminate those with poor credit histories. What are the employer’s obligations? The employer can get credit reports—one type of consumer report—if the employer notifies each applicant in writing that a credit report may be requested and if the employer receives the applicant’s written consent. Before the employer rejects an applicant based on credit report information, that employer must make a pre-adverse action disclosure that includes a copy of the credit report and the summary of consumer rights under the FCRA. Once an employer has rejected an applicant, the employer must provide an adverse action notice if credit report information affected the employer’s decision.

Scenario 2

An employer is considering a number of long-term employees for a major promotion. The employer wants to check their consumer reports to ensure that only responsible individuals are considered for the position. What are the employer’s obligations?The employer cannot get consumer reports unless the employees have been notified that reports may be obtained and have given their written permission. If the employees gave the employer written permission in the past, the employer need only make sure that the employees receive or have received a “separate document” notice that reports may be obtained during the course of their employment — no more notice or permission is required. If the employees have not received notice and given the employer permission, the employer must notify the employees and get their written permission before the employer gets their reports.In each case where information in the report influences the employer’s decision to deny promotion, the employer must provide the employee with a pre-adverse action disclosure. The employee also must receive an adverse action notice once the employer has selected another individual for the job.

Scenario 3

A job applicant gives an employer the okay to get a consumer report. Although the credit history is poor and that’s a negative factor, the applicant’s lack of relevant experience carries more weight in the employer’s decision not to hire. What’s the employer’s responsibility?In any case where information in a consumer report is a factor in the employer’s decision — even if the report information is not a major consideration — the employer must follow the procedures mandated by the FCRA. In this case, the employer would be required to provide the applicant a pre-adverse action disclosure before the employer rejects his or her application. When the employer formally rejects the applicant, the employer would be required to provide an adverse action notice.

Scenario 4

The applicants for a sensitive financial position have authorized an employer to obtain credit reports. The employer rejects one applicant, whose credit report shows a debt load that may be too high for the proposed salary, even though the report shows a good repayment history. The employer turns down another, whose credit report shows only one credit account, because the employer wants someone who has shown more financial responsibility. Is the employer obliged to provide any notices to these applicants? Both applicants are entitled to a pre-adverse action disclosure and an adverse action notice. If any information in the credit report influences an adverse decision, the applicant is entitled to the notices—even when the information isn’t negative.

Competency: Accountability

• Tell me about a time when you made a mistake or a bad decision at work and had to admit your mistake. What happened and how did you handle it?
• Recall an instance where you delegated responsibility but the result was unsatisfactory; what did you do to correct the situation?
• Have you ever had to take the blame for someone else’s mistake? Describe how that made you feel.
• Have you ever let someone else take the blame for something you did?
• While working on a team project, have you ever taken on greater responsibility than that which you were originally given? Please explain.

Competency: Accuracy

• How closely do you pay attention to detail?
• How would you rate the accuracy of your work compared to that of your coworkers?
• What do you do if you notice an error in someone else’s work?
• How carefully do you check your work before the final product is considered finished?
• Do you consider yourself to be a perfectionist?
• In general, how many times do you proof and revise something before you are satisfied?

Competency: Active listening

• Tell me about a time when you eliminated distractions in order to focus on something you were listening to.
• How do you let others know you are listening to them?
• Give me an example of when you had to rely on oral information given to you to get the job done.
• Give an example of a time when you misinterpreted information that was verbally given to you.
• What is the most important thing you have learned about “listening” and how has it impacted your listening skills?

Competency: Adaptability

• How involved have you been in proposing new methods or technologies?
• How readily do you adapt your way of thinking or working in response to a change in workplace conditions?
• How do you help others accept change in the workplace?
• Describe a time when you were forced to make a change you disagreed with.
• In general, how do you feel about change in the business environment?
• Describe a time when a change was made that turned out to be a negative instead of a positive.
• How strongly do you tend to hold on to the old way of doing things?

Competency: Ambition

• Do you have an action plan for your career path?
• At what level in your career do you see yourself in five years? In ten years?
• Give an example of how you have shown initiative in a project assignment.
• Give an example of a time where you pushed your work limits or broadened your skills to advance your career.
• Describe something you did that you consider to be particularly ambitious.

Competency: Analytical skills

• Give an example of a time when you took raw data and developed meaningful conclusions from it.
• Do you check multiple sources of data to draw your conclusions or would you rely on a single source? What if you could only find one source? Would you trust it?
• Do you customarily notice discrepancies in information? Please share an example.
• Do you approach a complex task by breaking it down into smaller, more manageable pieces? Give an example.
• Do you look for more than one cause to a problem? Explain or give an example.

Competency: Applied learning

• What was the most complex task you learned at your previous job?
• Give an example of a time when you mastered a new process quicker than your peers.
• Tell me about one technical skill that you had to learn at your previous job.
• Tell me about the last formal training session you attended and how you applied it to your everyday tasks.
• Give an example of a time you caught on to something quickly vs. one that required more effort.

Competency: Assertiveness

• How strongly do you stand up for your decisions once they are made?
• If one of your ideas was ridiculed but you had a strong feeling that it was a good idea, what would you do?
• If a coworker kept bothering you and preventing you from getting your work done, what would you do?
• Discuss a time when you had to confront someone at work. What was it about and how did you handle it? How did the other person handle it?
• If you witnessed a violation of company policy such as an act of harassment, what action would you take, if any?

Competency: Autonomy

• How much direction do you need or prefer to have before tackling a new assignment?
• Do you do your best work when working alone or when collaborating with others?
• When you take work home, what percentage of the time do you actually get to it?
• How often do you check in with your supervisor with questions or problems you have?
• Describe a job you had where you had little supervision. What did you like about that, and what didn’t you like?
• Would you prefer to have your supervisor be readily accessible or in another location?

Competency: Business acumen

• How well do you pay attention to the larger issues surrounding a business? Give an example.
• Do you attempt to identify the real decision-makers in the organization and try to influence them? Give an example.
• Describe the extent to which you take note of trends in the industry and develop ideas for responding to opportunities or problems.
• Have you ever prepared a contingency plan? If not, did you ever find you needed a Plan B but didn’t have one? Explain the circumstances.

Competency: Change management

• What is the most effective technique you have used to help people understand why a change had to occur?
• Give an example of a time when you encouraged people to think “outside the box.”
• Give an example of a time when you had to smooth the process for people that were going through long-term changes in their department or company.
• Tell me about a method you developed to reward employees who made suggestions involving change.
• Tell me about a time when a change was not communicated well.

Competency: Coaching and development

• Tell me about a technique you used to effectively communicate to a team member that they needed to improve a particular skill.
• Give an example of a time when you were able to motivate an unmotivated person.
• What methods do you use to ensure that your staff feels valued for their contributions?
• Give an example of a time when your coaching methods did not succeed in helping another to improve. Why?
• Tell me about a specific development plan you created for a particular person and the results.

Competency: Communication, oral

• Do you prefer to talk to someone in person, by phone, send a memo, or email?
• Do you ever paraphrase what someone else has said to make sure you understand it?
• What do you do when you and another person are just not communicating well? Do you keep trying to reach an understanding or try another avenue?
• Give an example of a miscommunication that happened at work. What was the situation and what were the consequences?
• How much importance do you place on keeping those involved in a project informed about developments and plans?

Competency: Communication, written

• How well do you write, edit, and proof written materials? Which element is your strongest?
• How easily do words flow when you write?
• Do you organize your thoughts before you sit down to write or do you write “off the top of your head” and organize it later?
• Is your preferred method of communication written or oral?
• Are you able to express what you want to say in writing or do you find it difficult to get your point across?
• Describe how you tailor your writing to the audience you’re writing for.

Competency: Competitiveness

• Do you consider yourself to be in competition with your coworkers?
• Would you describe yourself as competitive by nature? What is your definition of a winner? What kinds of board games do you like to play?
• If you can’t win a game, is it still worth playing? Why?
• Do you prefer to play a game individually or as a team member?
• What percentage of the time are you a gracious loser?
• Have you ever cheated to win?
• Do you enjoy a good challenge to test yourself or would you rather not be tested?

Competency: Conceptual thinking

• How well do you recognize common factors in situations that appear to be unrelated?
• How quickly can you identify the central issue in a complex set of data? How well can you take a complex issue and make it easy for others to understand?
• Describe a time when you solved a problem that no one else seemed to be able to figure out. What was different about your approach?
• Discuss a time when you were able to apply a principle you had learned previously to a new situation, and use it to solve that situation.
• Describe a time when you solved a particularly difficult problem or resolved a particularly difficult situation. What did you do that made the result successful?

Competency: Conflict resolution

• Give an example of a time you were working on a project with another person and a conflict arose. How did you resolve the situation?
• Give an example of a time you were able to remain productive despite a conflict that arose.
• Tell me about a time when a conflict arose and you were able to look at everyone’s point of view and still come up with a rational solution.
• Tell me about a personal conflict that arose between you and a coworker and how it was resolved.
• Give an example of a time that a conflict arose and you were unable to reach a resolution.

Competency: Consensus building

• How well do you accept and integrate others’ suggestions and proposals?
• How well do you work with others in order to agree on a common goal?
• What methods do you engage to help build consensus among a group?
• If there was not much time and opinions differed widely, how would you approach such a group to build consensus?
• Do you build a better working relationship with people one-on-one or in a group situation?
• What do you do when others react negatively to suggestions brought up in a group setting?

Competency: Creativity

• Tell me about a time you took a particularly creative approach to solve a problem.
• Of any of your creative accomplishments, either at work or at home, what gave you the most satisfaction, and why?
• Do you anticipate problems with a course of action and think of contingency plans to address those problems should they occur? Give an example.
• What was the most creative solution to a problem you have seen someone else come up with or heard of?

Competency: Customer-oriented

• To what extent do you agree with the saying, “The customer is always right”?
• How well do you try to understand the viewpoint and objectives of a client?
• Do you work quickly to solve a customer’s problem to their satisfaction? What is the longest time it ever took you to solve a customer’s problem?
• Describe a time when you had to go over and above what was usual to solve a customer’s problem.
• Did you ever encounter a customer who would not be satisfied no matter what you tried? What was the eventual outcome?
• Do you talk to customers to find out how satisfied they are? What kinds of comments do you receive?
• If a customer has a complaint, do you resolve the single complaint or, if appropriate, work to resolve the underlying problem? Please give an example.
• What do you do to build and maintain long-term relationships with a client?

Competency: Decision making

• Describe the decision making responsibility you have in your current or most recent position.
• Give an example of a bad decision you made and what the consequences were.
• Do you tend to make quick decisions or do you prefer to take your time?
• What was the most difficult decision at work that you ever had to make?
• How willing are you to make tough decision and stand by them? Give an example.
• Give an example of a time you had to make a quick decision. Was it the right one?
• Describe the process you use to formulate the decisions you make.

Competency: Deductive reasoning

• Give an example of a time when you had to weigh different options in order to implement a directive from management.
• Tell me about a time that your initial solution to a problem changed after you had considered all the facts.
• Give an example of a time you took raw data and developed a meaningful conclusion from it.
• Describe a time when you considered all the facts of a situation and decided not to take action, even though you were under pressure to do so.
• Tell me about a time when you reached the wrong conclusion because you acted too quickly.

Competency: Delegating responsibility

• Tell about a time when you did not provide sufficient directive for an assignment you delegated to an employee.
• Give an example of how you stay informed on projects you delegate.
• Tell me about a time when you decided to take on a difficult task yourself rather than delegate it to a direct report. Why?
• Give an example of how you instill confidence in a delegated individual.
• What was the most difficult assignment you delegated to a direct report?

Competency: Detail oriented

• Give examples of projects you dealt with that required you to pay close attention to detail.
• Do you like detail work or would you rather look at the “big picture”? How do you cope if you have to spend a great deal of time poring over minute details?
• Give examples of the types of detailed information you work with in your current job.
• Give an example of a time when something you were responsible for "fell through the cracks." What was it, and what were the consequences? Why did it happen?

Competency: Diversity focused

• Are there any specific cultural practices that offend or bother you?
• What experience have you had in working with people of diverse ethnicities and cultures?
• Have you ever worked with an individual where cultural or religious differences were apparent? Tell me about the experience.
• Have you ever heard a coworker make an insensitive comment or joke that you thought was insulting to a particular individual? Did you say anything to the coworker?
• Have you ever had to accommodate an individual’s religious beliefs?
• Have you ever supervised an individual where cultural or religious differences became an issue? What happened and how did you handle it?
• Are there any cultural or religious practices you have experience with that you thought impacted the working environment in a negative way (for example, having to switch schedules so someone doesn’t have to work on a Saturday)?

Competency: Empathy

• How well are you able to put yourself in someone else’s shoes and imagine how he or she feels?
• Have you ever based a decision or changed a decision based on how it would make another person or group feel?
• In general, do you consider yourself to be a sensitive person?
• Describe a situation that shows your use of emotional intelligence.
• Describe a time when you were insensitive to someone. What attempts, if any, did you make to mend that bridge?
• Describe a time when you couldn't understand where another person was coming from or what they were trying to say. What did you do to try harder to understand that person?
• How well can you look at a problem from another person's point of view?

Competency: Energy

• Describe your ability to work at a fast pace and maintain that fast pace.
• When you get to work in the morning, do you slowly work your way into the tasks of the day or do you dig right in?
• Describe a job or task that required you to expend a high level of energy. Did you like performing that work?
• Do you enjoy working at a fast pace or do you prefer things to be more evenly paced?
• Describe what your coping mechanism is when things get hectic.
• Some people do their best work under pressure. Do you find that to be the case with you? Why or why not?

Competency: Enthusiasm

• How eagerly do you tackle a new task or assignment?
• If you are offered an optional special assignment, do you jump at the chance or think about it first?
• On a scale from 1 to 10, how much do you look forward to going to work every day?
• Do you join in office or company activities? Do you see them as an extension of the work experience? What impact do you think they have on building teamwork in the organization?
• If something negative happens at work, does it damper your enthusiasm for the job as a whole?
• How quickly does it take for you to regain your enthusiasm after a setback at work?

Competency: Ethics

• Describe a time when you were faced with a moral or ethical dilemma and how you handled it.
• What types of confidential matters or information have you worked with and what steps did you take to keep the information confidential?
• Describe a situation where you were asked to disclose confidential information and how you handled it.
• If you found out about a work practice that was unfair, or discovered that a policy was being implemented inconsistently, what would you do?
• Describe what ethics means to you.
• Were you ever aware of someone else at work doing something unethical? What, if anything, did you do about it?
• What would you do if you discovered your company was engaged in questionable business practices or doing something illegal?

Competency: Financial aptitude

• How do you ensure that you remain current in your field of expertise?
• Describe the normal process you follow to prepare an annual budget.
• Explain what the term “compound interest” means.
• How would you rate the accuracy of your work in preparing required financial reports?
• Give an example of a time you improved financial processes in the company.

Competency: Friendliness

• How important do you think it is to act pleasant and cheerful toward others?
• Do you think friendliness is an important component of business dealings or do you think business dealings can be done effectively by people who aren’t necessarily friendly toward each other?
• Do you find yourself being friendlier to people who can help you get ahead than to other people who have no such ability?
• Would other people describe you as friendly? Based on what?
• Have you ever snapped at a coworker or business associate and had to apologize later? Explain the circumstances and what happened.
• Have you ever been called upon to be pleasant toward someone who wasn’t very pleasant toward you? How did you manage it?

Competency: Goal-oriented

• How much are you focused on the end result of a project?
• Can you stay focused on a goal without getting caught up in obstacles that frustrate your attempts to reach that goal? Can you give an example?
• How do you go about establishing goals for meetings or projects and clearly expressing those goals to others? Describe a time when you set a goal but failed to reach it. What did you learn?
• Are you in the habit of setting personal goals for yourself?

Competency: Honesty/Integrity

• What role do you think honesty should play in business dealings?
• Do you think that honesty is always the best policy in business?
• If you caught another employee doing something dishonest, what would you do about it?
• Have you ever promised something you weren’t sure you could deliver? What happened?
• Have you ever stretched the truth to get a business deal? Did it work? Were there consequences?
• Have you ever given the impression you were further along on a project than you actually were? Were there any repercussions?

Competency: Initiative

• How confident are you in making decisions on the basis of your own initiative?
• Give an example of a way in which you showed initiative on a project.
• How well do you identify what needs to be done and do it without being asked?
• Give an example of a time you went over and above the call of duty to complete an assignment. How willing are you to suggest changes to make a process or product better?
• Do you prefer to wait until an assignment is given to you or do you go looking for work?
• Describe a way in which you improved something at work, either a product or a process.

Competency: Innovation

• Give an example of a time you thought “outside the box.” Give an example of an idea you came up with entirely on your own. Was it implemented?
• Give an example of something you developed, either a process or product, that was new.
• Did you ever introduce a method or idea to your current organization that you had used in a previous job? How did it work?
• Did you ever borrow an idea from another part of the organization and adapt it for use in your own job? What was it? Was it successful?

Competency: Interpersonal skills

• Give an example of a time you used diplomacy to resolve a situation. Describe the circumstances and the outcome.
• Can you anticipate how others will react to a situation and prepare for it? Give an example. How well do you listen to others’ ideas and concerns?
• Are you able to approach others regarding sensitive situations? Can you give an example of a time you had to do this?
• What do you do to make others feel comfortable?
• Tell me about a time when you resolved a disagreement with a boss or coworker.
• How do you deal with coworkers who disagree with you?
• Describe a situation where you had to deal with an irate customer or employee, how you handled it, and what the outcome was.
• Give an example of a time you disagreed with your supervisor’s decision. What did you do?
• Would you rather do business with someone who was all business and no chit-chat, or with someone who would take the time to get to know you as a person?
• What methods do you use to “break the ice” when meeting someone new?
• Have you ever been put in the position where you had to support a policy or outcome with which you did not agree? What did you do?
• Have you ever had difficulty working with someone because of hard feelings or a personality clash? What steps did you take to get along?

Competency: Judgment

• Would you be willing to change your position on something you believe in strongly if you were confronted with evidence that is contrary to your belief? How difficult would that be for you?
• What is the worst business decision you ever made? What were the consequences and what did you learn from it?
• Tell me about a time when you addressed a controversial topic. What was the topic and what did you do?
• Give an example of a time you used poor judgment. What were the repercussions?
• Describe your decision-making process and why you feel it’s effective in making the right decisions.
• What would you do if you knew you were right about something but the politically correct thing to do was to not press the issue?

Competency: Leadership

• Tell me about a specific time you used leadership skills to accomplish a goal.
• Give some examples of how you have demonstrated leadership skills.
• How comfortable are you taking a leading role and having others look to you for direction?
• Tell me about a time when you assumed a leadership role in a work situation without formally being assigned that role.
• What methods do you use to get people to accept you as their leader?
• Have you ever been in a leadership position and not known what to do, or not understand the next step? What did you do?
• How would you describe your leadership style? Give examples.

Competency: Loyalty

• When you are engaged in your work, how devoted are you to your job?
• Have you ever been approached by a competitor for information or to work for them? What did you do?
• Have you ever been in a position to divulge private company information? What happened?
• Have you ever had the opportunity to steal customers from a former employer? Did you?
• How willing are you to stand by a company whose policies you don’t agree with?

Competency: Management skills

• How effective do you think you are in supervising others?
• Do you try to be a friend to your employees or do you distance yourself from them because you are their supervisor?
• Do you prefer to delegate responsibilities or handle things yourself?
• How closely do you supervise your employees?
• How would you describe your management style? Please give examples.
• How often do you praise an employee for a job well done?
• When evaluating the performance of your employees, what do you consider to be the most important factors?
• In what ways do you set an example for your employees?
• How open are you to suggestions from your employees?
• What do you think is the most difficult part about supervising people?

Competency: Motivation

• When is the last time you recognized or rewarded an employee for a job well done?
• What motivates you in your work?
• How do you motivate others to do their best work?
• How often do you meet with your employees to energize the group and re-focus their attention?
• How well do you think you inspire others to do their best work?
• How do you work in an environment where morale is generally low?
• What do you do to improve morale in your department?

Competency: Negotiation skills

• Tell me about a time when you worked with others to achieve a win-win situation.
• Tell me about the last negotiation you were involved in and the role you played.
• Give an example of how you managed to keep the group focused on the task at hand when participants began to get off track.
• Give an example of a negotiation you were involved in that you would have handled differently.
• What was the most complicated dispute you settled successfully.

Competency: Organization

• Do you consider your working style to be orderly?
• Describe what your desk looks like.
• How long does it take you to locate a specific piece of paper from a file?
• In general, how long does it take you to get to your mail or your inbox?
• Did anyone ever ask you for something that you knew was on your desk or in your office but you couldn’t locate it?
• On a scale from 1 to 10, how organized do you consider yourself to be at work?

Competency: Patience

• How well do you handle delays in a work project?
• Describe a situation that required you to demonstrate a great deal of patience.
• How easily do you get frustrated trying to explain something to someone who just doesn’t get it?
• Do you consider yourself to be a patient person?
• Is there ever a time when you think it is more appropriate not to be patient?
• Describe a time when you were patient but it didn’t help the situation.

Competency: Persistence

• How easily do you give up if something doesn’t work right the first time?
• Tell me about a time when you persisted to get your idea implemented.
• Discuss a time when you had to overcome a difficult obstacle. How did you do it?
• Describe a project or endeavor you initially failed at but at which you later succeeded. What made the difference?
• Give an example of how your persistence has helped you reach your career goals.

Competency: Persuasiveness

• How do you get others to come around to your way of thinking?
• Do you prefer a soft-sell or hard-sell approach?
• How do you go about persuading someone to do something he or she originally didn’t want to do? How well do you present your point of view?
• Explain how you take others’ considerations into account to look for win-win solutions.
• Do you try to take others’ considerations into account to look for win-win solutions?
• Discuss a situation where you offered trade-offs or concessions to gain commitment from others.
• How do you identify the real decision-makers and try to influence them?

Competency: Presentation skills

• What experience do you have speaking in front of people?
• On a scale from 1 to 10, how comfortable are you speaking in front of a large group?
• Have you ever conducted training sessions? For what size groups?
• What is your process in preparing a presentation for a group?
• What do you do when a discussion gets off track or you are “losing” your audience?

Competency: Problem solving

• Give an example of a time you thought through a complex problem and developed a solution.
• How well do you probe for further information when others are unwilling to provide all the information they could? Can you give an example?
• Describe the process you go through to solve a complex problem.
• What do you do when you just don’t understand something that you are required to learn for work?
• How do you go about setting priorities when everything must be done at once?
• Describe a problem you just couldn’t solve on your own and where you went for help. Were you then able to solve it?
• How did you handle it when you were supposed to perform a task but lacked all the information necessary to complete it?
• What is the most difficult problem you have had to solve?
• What problem did you find a solution to that you are most proud of?

Competency: Project management

• Give an example of a project or task you were responsible for from inception to completion, how you accomplished it, and what the outcome was.
• Give an example of a delay that threatened to derail a project deadline and what you did to overcome it.
• How well do you direct people and control deadlines to meet a specific goal? Give an example.
• Do you question others to assess if they are “stuck” or if things are running along smoothly with their phase of the project? How do you help if they are stuck?
• How often do you check on the status of a project in its various phases?

Competency: Relationship building

• How do you find a way to work effectively with different types of people?
• How do you go about building rapport and trust with people?
• Do you seek out and build relationships with others who can provide assistance, information, potential business, or other benefits? Give an example.
• What do you do to identify some element of common ground with someone you don’t know?
• How do you express appreciation and gratitude toward others who have lent their support or provided assistance in some way?
• What do you think is more important: Getting to know your coworkers or keeping your nose to the grindstone?
• What kind of people are the most difficult to work with?
• Describe a situation where you had to work with a difficult individual. What did you do to make things go more smoothly?

Competency: Reliability

• Would others describe you as reliable? Why would they say that?
• Give an example of a time someone called on you to do something that was over and above what was generally expected of you, and you came through.
• Describe a number of ways you have shown your reliability to your employer.
• Describe something your employer has entrusted you with, whether it’s confidential information or a special project.
• When given assignments, what is the percentage of time you get them done right? If something was not done correctly, what was the reason?

Competency: Research skills

• Give an example of the most recent investigation you successfully completed for a project.
• Give some examples of innovative resources you have used recently to assist in information-gathering.
• Have you ever run into a roadblock when seeking information/data? What did you do?
• Outline the typical steps you take to plan an effective search strategy.
• Describe the steps you take to maintain confidentiality while collecting data and during the entire research process.

Competency: Resiliency

• What do you do to bounce back after a setback at work? How long does it take you?
• Think back to a particular setback and tell me what you learned from it.
• How do you react when your work is criticized?
• Have you ever been through a company reorganization? How did the change affect you? How quickly were you able to operate under the new system? Did you welcome the change?
• Have you ever had a change in supervisor? How did you respond to having a new boss? How did the change affect your work?

Competency: Resource management (people and equipment)

• Tell about a time you had to choose between two conflicting priorities to work on first.
• How did you determine the target completion date for a project you recently headed.
• Give an example of a time when you did not meet a deadline and how you handled it.
• Tell me about a time when you reorganized something to be more efficient.
• How did you allocate financial resources to accomplish a long-range goal?

Competency: Responsibility

• Give an example of a time you showed responsibility above and beyond what was expected of you.
• Give an example of a time when you failed to be responsible for something at work that was your responsibility; what was it and what were the consequences?
• Discuss a time when you took over responsibility for a project from someone else.
• Give an example of an instance where your boss gave you greater responsibility in your job than you previously had (not as part of a promotion).
• Discuss how your career path has increased your responsibilities over time, and give specific examples.
• When you are wrong about something, what do you do?
• Who do you consider to be responsible for mistakes made by one of your team members or staff?

Competency: Risk taking

• Tell me about a time when you took a risk to solve a problem.
• Describe a time when you took a risk at work and it didn’t work out. What were the consequences?
• How easily do you stretch your comfort zone to solve a problem?
• What is the biggest risk you ever took at work? How did it turn out?
• Can you recall a time when you should have taken a risk and regret not doing so? Describe the nature of the risk and the outcome.

Competency: Safety awareness

• Tell me about a piece of equipment you operated that required you to follow certain safety standards.
• Tell me about a procedure you designed to make your job safer.
• Give an example of a time you noticed someone performing a task unsafely. What did you do?
• Give an example of a time that you bent a safety rule in order to finish a job on time.
• What would you do if you were shorthanded at work and you had to ensure that safety was not disregarded?

Competency: Sales ability

• Tell me about the most effective sales approach you have used in the last 6 months.
• What was the most difficult sales situation you have ever been in?
• What was one thing you did differently to land a huge sale?
• What is an effective approach you use to get your “foot in the door?”
• Describe your most satisfying sales experience and tell why it was so rewarding.

Competency: Self-confidence

• How confident are you in your problem solving abilities?
• How much faith do you have in yourself to make informed but risky decisions?
• How comfortable are you in making decisions and feeling they are the right ones?
• Are you willing to speak up if you think something is not going in the direction it should or if you disagree with a decision?
• Do you approach challenges and tasks with the belief that you can overcome any obstacles that should arise?
• What kinds of things are you most confident doing?
• Have you ever been faced with an insurmountable obstacle in your work? What did you do?

Competency: Self-motivation

• How successful are you at providing your own incentives to get your work done?
• Can you give an example that demonstrates you are a self-starter?
• When you start your work day, do you tend to ease into it or dig right in?
• Give an example of a time when you did your job well despite not liking the place you were working or the supervisor for whom you worked.
• Do you work better when you have actual incentives to work toward (such as formal recognition or monetary rewards)?

Competency: Strategic planning

• Tell me about a time when you planned group priorities to reflect the organization’s vision and values.
• Give an example of a time when you were unable to motivate others to support a new vision.
• What types of organizational systems (controls, compensation, communication, etc.) have you developed to support a specific corporate strategy?
• How have you made your company’s vision and values meaningful to others?
• Give an example of a strategy you developed that did not work. Why?

Competency: Tact

• Give an example of a time you had to be diplomatic in dealing with others.
• Tell me about a time when you addressed a controversial topic. What was the topic and how did you address it?
• Have you ever been called upon to negotiate something or mediate between two parties? What strategies did you use?
• Have you ever had to approach someone about an issue you knew would not be received well? How did you handle it? How did the other person handle it?
• Have you ever had to point out something embarrassing to another person? How did you do it?

Competency: Teambuilding

• Describe how you get your employees to work together as a team.
• How do you resolve conflict between team members?
• How much autonomy do you give to your team members?
• How do you encourage groups to resolve problems on their own?
• What do you do if certain team members are not doing their fair share? Do you seek opportunities to work on teams?
• Do you prefer working in a team environment or on your own?
• Have you ever engaged any team-building exercise? What did you think of it?
• What do you do when team members can’t seem to work together and it is jeopardizing the project?

Competency: Technical aptitude

• How well do you understand the technical aspects of your job?
• How do you stay informed about technical developments in your field?
• Do you like to be on the cutting edge technologically?
• Do you welcome new opportunities to learn new technology?
• How easily do you incorporate new technology into your existing processes or methods?
• In what area of technical expertise do you consider yourself to be the most proficient?

Competency: Tenacity

• How do you approach the completion of a task in the face of obstacles?
• Do you find it difficult to concentrate on a task you find boring or tedious?
• Give an example of a time you stuck with a task that turned out to be more difficult or time-consuming than you anticipated.
• How vigorously do you hold to your position when you honestly believe you’re right?
• Describe a situation where you held firm to your opinion or course of action, only to find later that you were in the wrong. How did you handle that?

Competency: Time management

• How efficiently do you use your work time?
• How productive would you say you are compared to your coworkers?
• When faced with multiple tasks and limited time, how do you prioritize?
• Give an example of a time you worked smarter rather than longer.
• How do you organize your work day?
• At what time of day are you most productive at work: during the middle of the day, or at the beginning or end of the day?
• How do you handle interruptions?
• How long does it take you to get back on track after an interruption?
• How do you pace your work when faced with a deadline far into the future?
• Have you ever procrastinated starting a project and then had to “cram” to get it done on time? How did it turn out?

Competency: Tolerance

• How well can you work with others in the organization without being judgmental?
• Do you feel everyone has a right to their own opinion even if they are different from yours?
• How tolerant are you when changes are implemented that affect how you do your work?
• How do you deal with others who have a different way of thinking than you? Do you try to sway them to your point of view or do you agree to disagree?
• How well do you tolerate people who are different from you?

Competency: Training

• Tell me about a successful training experience you performed in the last 6 months.
• Tell me about a training experience that was not successful and how you would change it.
• What method did you use to encourage others to participate in a group discussion?
• How did you manage to instill a positive attitude towards learning in one of your training sessions?
• How did you manage to successfully train others who were at varying degrees of

Competency: Working under pressure

• What methods do you use to help you deal with stress?
• What is your coping mechanism when things suddenly get hectic at work?
• Have you ever had a situation at work where everything went wrong? How did you maintain your composure and get things back on track?
• What was the most stressful job or assignment you ever had?
• How do you deal with deadline situations?
• How well do you work under pressure? Does it invigorate you or slow you down?
• How do you react when your work is criticized? What do you do differently when your work is criticized?
• Give an example of a work crisis or emergency you were involved with. What was your role and what did you do?
• What elements caused stress for you in your last job?