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Conducting Job Interviews


Once you know about these pitfalls, it's not that difficult to stay on the right side of the law. As long you focus on the applicant's ability to do the job (that is, don't ask about prohibited topics) and are truthful (that is, don't tell the applicant anything false or misleading), you'll do just fine.

Don't Ask

The best way to avoid improper questions is to do some preparation. Before the interview, create two lists: one of all the tasks that the applicant will have to perform as part of the job and the other of all the skills and experience that you require for the position. This will help you focus on what you really need to find out: whether the applicant can do the job. At the interview, you can use your lists as a guide to come up with questions about the applicant's qualifications.

The lists will help you in a second way. If you use each list with each applicant, you can ensure that you are asking all applicants essentially the same questions. This will help you avoid the appearance of treating some applicants differently from others.

To avoid questions that violate an applicant's privacy, good taste is your best guide. Don't ask any applicant about his or her sex life, beliefs about contraception and family planning, or opinions about same-sex relationships. Don't ask any applicant about personal finances, religious beliefs, or political affiliations.

 
Lawful and Unlawful Inquiries

Here are some examples of ways that you can get the information that you need without running afoul of anti-discrimination laws.

SubjectLawful InquiryUnlawful Inquiry

Age

Are you 18 years of age or older? (to determine if the applicant is legally old enough to perform the job)

How old are you?

Marital status

Is your spouse employed by this employer? (if your company has a nepotism policy)

Are you married?

Citizenship

Are you legally authorized to work in the United States on a full-time basis?

Are you a native-born citizen of the United States? Where are you from?

Disability

These [provide applicant with list of job functions] are the essential functions of the job. How would you perform them?

Do you have any physical disabilities that would prevent you from doing this job?

Drug and alcohol use

Do you currently use illegal drugs?

Have you ever been addicted to drugs?

Copyright 2007 Nolo

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