• 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.