Interviewing Issues and Questions to Avoid

Interviewing Issues and Questions to AvoidInterviewing Issues and Questions to AvoidWe all know how litigious our society has become in the area of employment-related issues. Every recruiter, hiring manager, executive, and department manager must realize that asking illegal bewerbereinstellungsgesprch questions or making improper inquiries can lead to discrimination or wrongful-discharge lawsuits, and these suits can be won or lost based on statements made during the interview process. Thus, it is important to incorporate risk management into your interviewing process to help minimize your firms exposure to employment practices liability. You, or your company, could be accused of asking illegal interview questions or making discriminatory statements or comments that reflect bias. It is possible to make assurances or promises during an interview that can be interpreted as binding contracts. Recognizing these potential danger areas is the best way to avoid saying the wrong thing during an interview. Most companies have at least two people responsible for interviewing and hiring applicants. Its critical to have procedures to ensure consistency. Develop interviewing forms containing objective criteria to serve as checklists. Develop lists of interview questions and illegal interview questions. These ensure consistency between interviewers, as well as create documentation to support the hiring decision if a discrimination charge is later filed by an unsuccessful applicant. Interview Problems to Avoid To minimize the risk of discrimination lawsuits, its important for interviewers to be familiar with topics that arent permissible as interview questions. Avoid illegal interview questions. For example, you shouldnt ask a female applicant detailed questions about her husband, children, and family plans. Such questions can be used as proof of sex discrimination if a male applicant is selected for the position, or if the female is hired and later terminated. Older appl icants shouldnt be asked about their ability to take instructions from younger supervisors. It is also important to avoid making statements during the interview process that could be alleged to create a contract of employment. When describing the job avoid using terms like permanent, career job opportunity, or long-term. Interviewers should also avoid making excessive assurances about job security. Avoid statements that employment will continue as long as the employee does a good job. For example, suppose that an applicant is told that, if you do a good job, theres no reason why you cant work here for the rest of your career. The applicant accepts the job and six months later is laid off due to personnel cutbacks. This could lead to a breach of contract claim where the employee asserts that he or she cant be terminated unless its proven that he or she didnt do a good job. Courts have, on occasion, held that such promises made during interviews created contracts of employment. Ill egal Interview Questions These practices will help you hire the most qualified candidate using legal, documented interview methods, including avoiding illegal interview questions. Learn to assess job candidates on their merits. When developing evaluation criteria, break down broad, subjective impressions into mora objective factors. Obviously, you must prepare for the interview by reviewing the application, resume, cover letter, test results, and other materials submitted by the candidate. Try and put the candidate at ease and ask interview questions that cant be answered with a yes or no response. These open-ended questions allow applicants to tell all about their skills, knowledge, and abilities. Some examples are Why are you leaving your current employer? Do you prefer routine, consistent work or fast-paced tasks that change daily? Interview Problems to Avoid Including Illegal Interview Questions Interview questions and issues you want to avoid include the following Asking i mproper, even illegal interview questions,Making discriminatory statements, andMaking binding contract statements. The following are examples of interview questions that should be avoided in interviews because they may be alleged to show illegal bias. This is why they are illegal interview questions Are you a U.S. citizen? (adversely impacts national origin)Do you have a visual, speech, or hearing disability?Are you planning to have a family? When?Have you ever filed a workers compensation claim?How many days of work did you miss last year due to illness?What off-the-job activities do you participate in?Would you have a problem working with a female freund?Where did you grow up?Do you have children? How old are they?What year did you graduate from high school? (reveals age) As you can see, these rather simple and seemingly non-threatening questions can easily violate one of the aforementioned dangers when conducting interviews. More Best Interview Tips Companies that usebest pra cticesin interviewing and that are extremely effective in consistently hiring top performers, use customized or standardbehavioral-based interviewguides withinterview questionsto remain consistent in their line of questioning. These companies not only train their recruiters, but they train their executives, departmentmanagers, andhiring managerson legal and effective interview questions and techniques to utilize during the interview. They train them on how to avoid illegal interview questions. These saatkorn risk wise companies will conduct ajob analysisaudit for every position within their companies to establish the types of behavioral and situational questions necessary for their interviewing process. A job analysis audit is a process whereby a company compiles objective data of what is required to be successful in a given position. This process is conducted via interviews, surveys, and testing (bothhard skillsandsoft skillstesting). This process allows the company to objectively identify the competencies, behaviors, thinking and decision-making styles, as well as thetechnical skillsthat are common among their top performers and required for the position in question. This process establishes a hiring benchmark or interviewing guide to follow. The resulting list of critical competencies is what interviewers will use to evaluate candidates. This benchmark, custom to each position, leads the company to define the core line of behavioral interview questions that will uncover these critical competencies, behaviors, and thinking styles, as they directly relate to the job requirements. Some of the most effective pre-employment behavioral assessments in the market will provide the necessarybehavioral interviewquestions to pose to candidates. This is due to the assessments objective evaluation of each candidates competencies. Here are a few examples oflegally-defensible behavioral interview questionsthat will assist in uncovering core competencies in an interview Wha t has been a particularly demanding goal for you to achieve? (This interview question taps into the candidates achievement orientation and requires them to explain the obstacle and their thought process and actions to overcome the obstacle.)Can you think of a situation in which an innovative course of action was needed? What did you do in this situation? (This interview question allows you to uncover whether the candidate can develop innovative solutions to work-related problems, and identify potential opportunities and ways to capitalize on them.) What are the typical customer interactions you have in your present position? Can you think of a recent example of one of these? (This interview question focuses on the candidates customer service orientation.)Have you ever been in a situation where you have had to take on new tasks or roles? Describe this situation and what you did? (This interview question allows you to warenmuster into the candidates degree of flexibility.)In your pres ent position, what standards have you set for doing a good job? How did you determine them? (This interview question allows you to uncover if the candidate has high work standards.) Conducting a job analysis audit to objectively identify thecore competenciesrequired for a given job, and then customizing a list of behavioral-based interview questions like the ones mentioned above, to identify those competencies, can significantly reduce your exposure to employment practices claims and increase your potential for hiring top performers. By instituting guidelines such as these, and making sure that your organizations managers follow them, you will have gone far in reducing your risk of a lawsuit from an employee or job applicant. Mike Poskey is a founder at ZERORISKHR and specializes in employee hiring, development and retention.