Interviewing Do's and Don'ts
Issue #52
April 21, 2008
The Equal Employment Opportunity Commission enforces a number of laws that apply to many businesses, including:
Title VII of the Civil Rights Act of 1964 (Title VII) applies to employers with 15 or more employees and prohibits race, color, religion, sex, and national origin discrimination.
Age Discrimination in Employment Act of 1967 (ADEA) applies to employers with 20 or more employees and prohibits age discrimination against individuals who are forty years of age or older.
Title I of the Americans with Disabilities Act of 1990 (ADA) applies to employers with 15 or more employees and prohibits age discrimination against qualified individuals with disabilities.
Equal Pay Act of 1963 (EPA) applies to most employers with one or more employees and prohibits wage discrimination between men and women in substantially equal jobs within the same establishment.
Under Title VII, the ADA, and the ADEA, it is illegal to discriminate in any aspect of employment, including the hiring process.
Interview Questions
During the hiring process, most people are aware of the blatant interview questions that may cause discrimination claims. However, there are other questions that may cause problems for employers and supervisors. It doesn't matter if you are well-intentioned or casual about prohibited inquiries, they are still prohibited and the burden of proving that an applicant was not rejected on the basis of information from these inquiries rests on the employer.
Using names as an example, here are several questions not to ask:
• Why was your name changed?
• What is your maiden name?
• What is the name of your spouse, children, parents?
The reason is that other names may be an indicator of religion or national origin. Also, some states and localities prohibit discrimination based upon marriage. You may ask:
• Have you used other names so that we may conduct the appropriate background check?
By treating all candidates with fairness, equality and consistency, and following a standardized interview plan, you can minimize your risk of discrimination charges resulting from your interview process.
Free for the asking . . . .
Send your request to me at ed@kempkey.com and I will email you a list of interviewing do's and don'ts including the reasons for asking, or not asking certain interview questions.
Kempkey Insurance Services goes beyond insurance by designing and implementing risk management programs for growth oriented businesses. We help our clients maximize the value of their insurance dollars and minimize their potential for unwanted surprises. Ed Kempkey can be contacted at (888) 536-7539 extension 2188, or at ed@kempkey.com .