Job Interviews and the Law FAQ
Q : What should employers be aware of in conducting job interviews?
A :
By their very nature, job interviews are subjective experiences. Employers cannot help but form an assortment of impressions in judging an applicant's ambition, motivation, creativity, dependability, and responsibility. Realizing the inherently subjective nature of the process, employers should strive to make an interview as objective (fact-based) as possible. Concentrating on objective information helps to avoid decisions made on conscious or subconscious prejudice and focuses the hiring process on the issue of an individual's qualifications and employment experience.
Employers should also attempt to make job interviews as uniform as possible. The same set of questions should be addressed to all applicants for the same position. This allows for a better basis for comparison among applicants. It can also prevent discrimination in the content of a job interview. For example, asking an applicant "do you type" but not asking another applicant the same question, could indicate discriminatory stereotyping if the applicant who is asked the question is a woman.
Q : What types of questions may imply discrimination?
A : Direct questions relating to an applicant's age, family background or religious affiliation may indicate discrimination. Also questions or comments based on stereotyped notions may also imply discrimination.
Generally speaking, interview questions should relate to the requirements of the job, the applicant's qualifications, work experience and history. Even when the information sought is related to the job, the interviewer must be careful that the way the question is asked does not imply discrimination. For example, an employer trying to determine whether a female applicant is going to stay with the company for the next few years should not ask, "Do you plan to get married?" or "Do you plan to have children?" or "What kind of birth control do you use?" More direct, job-related questions seeking the same information might be:
- We are looking for employees who will make a commitment to the company. Is there any reason you might not stay with us for the next few years?
- What are your career objectives?
- Where do you see yourself in five years?
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