Interviewing

Scope

Interviewers should thoroughly describe both the company and the position. They want to stress the good points, but not mislead. If there are aspects of the position past employees have complained about, they should be brought up and explained. It is both costly and time consuming to hire and train candidates who later discover that this is not the right position for them.

Regulatory citations

• None

Key definitions

• None

Summary of requirements

Here are some additional interview guidelines:

• Conduct pre-interviews over the phone to weed out applicants and save time.
• Approach each interview with a pre-planned list of questions designed to help judge the applicant’s qualifications, level of skills, and overall competence for the job.
• Ask each interviewee for a job the same questions. Then prepare specific questions for individuals that will explore their work history and education.
• Don’t settle for general answers. Use follow-up questions such as, “Why did you do that?” to get the full picture.
• Encourage applicants to ask questions.
• Consider adding coworkers to the interview process. They are the ones who will work with the person being hired. They may have insights the supervisor hasn’t considered.
• Take careful notes after each interview to remember who said what. (Note: Avoid notes that could lead to a charge of discrimination, such as comments about an applicant’s race or gender.)

Here are some general questions that will help an employer get started in an interview.

• What kind of experience do you have?
• What aspects of your job do you consider most crucial?
• Of all the work you’ve done, where have you been most successful?
• What would you say are the broad responsibilities of this job?
• What are the major qualities this job demands?
• Describe how your job relates to the overall goals of your department and company.
• What would you change about your current job or what aspects do you like least?
• What aspects do you like best?
• What are you looking for in your next job?

Questions that can lead to trouble

While there is no definitive list of questions that may not be asked, it is best to avoid questions that suggest a company might be taking illegal factors into consideration when hiring.

Unless there is a legitimate business necessity, the following questions should not be asked:

• Are you married?
• What is your maiden name?
• Do you wish to be addressed as Mrs., Ms., or Miss? (Note: For the purposes of reference checking, the applicants may be asked if they’ve ever worked under a different name.)

Other questions to avoid:

• Do you have children?
• Are you pregnant?
• Are you dating anyone right now? Personal question like this may give rise to claims of invasion of privacy or sexual harassment.
• How old are you? This includes inquiries about dates of graduation from high school and college. However, you may ask if applicants have diplomas or degrees and if they are 18 years or older.
• What is your nationality or race?
• Are you a citizen?
• Have your wages ever been garnished or have you ever declared bankruptcy? Credit references may be used if in compliance with the Fair Credit Reporting Act of 1970 and the Consumer Credit Reporting Reform Act of 1996.
• Do you own your own home? This could be seen as discriminatory against minorities who are less likely to own their own home. Even questions like, “How long have you lived at this address?” have been cited as discriminatory.
• What type of discharge did you receive from the military? An applicant may be asked what type of education, training, and work experience was received while in the military.
• Do you have a disability? A potential employer can ask whether the applicant can perform the essential functions of the job and meet attendance requirements with or without reasonable accommodation. Do not ask if they need some form of reasonable accommodation until after hiring.
• Have you ever undergone a psychiatric evaluation?
• How often do you drink alcoholic beverages or take illegal drugs? Frequency of use might reveal alcohol or drug addictions, which are considered disabilities.
• What is your weight? What color are your eyes, hair? Personal questions like these are only permissible if there is a bona fide occupational qualification.
• Have you ever filed a workers’ compensation claim?
• Have you ever filed a lawsuit/charge regarding Title VII matters?
• What is your religion?
• Have you ever been a member of a union?
• What clubs, societies, and lodges do you belong to? Ask only about organizations that the applicant considers relevant to his or her ability to perform the job.
• What are your political affiliations?
• Are you homosexual or transgender? The Equal Employment Opportunity Commission (EEOC) has interpreted Title VII of the Civil Rights Act to prohibit discrimination based on an individual’s sexual orientation or gender identity (according to the EEOC, this is illegal discrimination based on sex). Federal contractors are also strictly prohibited from discriminating based on sexual orientation or gender identity. Many state laws also prohibit discrimination on these bases.

These lists are not exhaustive. Any of these questions (or similar ones) could lead to charges of discrimination. The best way to stay out of trouble with employment questions is to make sure each question is job related. If it is not, it should not be asked.