07.17.06
Interviewing Applicants and Troublesome Questions
Interviewing applicants is pivotal. It is through this process, that we glean the information we need to determine whether the individual sitting across from us is the right person for the job. Therefore, being able to ask substantive questions are important. However, there are questions that are not appropriate for the interview process, and can get you in trouble. Here are a few questions that can prove problematic and why:
Do you have children?
Problem: First, questions regarding children, family or even marital status are not appropriate because they may be seen as being based upon the applicant’s gender. Secondly, it can be construed as an inappropriate way of asking about someone’s work availability. If you are trying to get this type of information, be more direct and too the point such as “What hours can you work?” or “What shifts can you work?”
Have you ever been arrested?
Problem: Questions relating to an arrest record are improper, but questions about a conviction record may be asked if job-related. According to EEOC policy, an employer may consider someone’s conviction in making employment decisions IF the employer can establish a business necessity for the conviction record in its employment decision.
In establishing business necessity, the employer must consider three factors to justify use of a conviction record: (1) nature and gravity of the offense for which convicted; (2) amount of time that has elapsed since the applicant’s conviction and/or completion of sentence; and (3) the nature of the job in question as it relates to the nature of the offense committed.
Are you a U.S. citizen?
Problem: EEOC states that consideration of an applicant’s citizenship may constitute evidence of discrimination on the basis of national origin. If a person is a lawful immigrated alien, legally eligible to work, they may not be discriminated against on the basis of their citizenship.
When did you graduate from high school?
<>Problem: considered an indirect inquiry as to an applicant’s age and may create an inference of age discrimination.
The best piece of advice to employers when interviewing applicants: if you can not demonstrate a job-related necessity for asking a particular question, then don’t ask it.
