How to Avoid Being Sued When Interviewing Prospective Employees

Here are some tips for interviewing prospective employees in a way that both complies with anti-discrimination laws and shows sensitivity to the interviewees' backgrounds.

Difficulty: Moderate

Instructions

Things You'll Need:

• Electronic Personal Organizers
• Portable Tape Recorders
• Personal Organizers

Develop Interview Techniques

1. Learn how to communicate interview questions in a way that is not discriminatory. For example, saying, "I see that you are over 70. Will you be able to handle this job? It can be pretty stressful even for us young folks!" might sound friendly, but could be heard as discriminatory. Instead, describe the job and ask if there is anything about it that the person thinks he or she would find difficult or impossible to do.

2. Avoid assuming that someone can't do a job because the person is a member of a protected class. Be careful about declining to interview someone unless it is clear from the person's communications that he or she would be unable to do the job.

3. Sign up for an interview skills training workshop.

Train for the Interview

4. Make sure the interviewer knows federal and state employment laws before doing any interviewing.

5. Review Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, religion, sex or national origin, for employers with 15 or more employees.

6. Review the Age Discrimination in Employment Act of 1967, which prohibits discrimination against persons age 40 and older, for employers with 20 or more employees.

7. Review Title I of the Americans With Disabilities Act of 1990, which prohibits employers with 15 or more employees from discriminating against prospective employees who are disabled.

8. Review the Equal Pay Act of 1963, which prohibits wage discrimination based on gender.

Tips & Warnings

• Laws and judicial interpretations change continually, so if you do a lot of hiring you may want to subscribe to a service that provides you with regular updates.
• You may not be discriminating in your heart, but if an employee or prospective employee believes your behavior is discriminatory, that person may still have grounds to take action against you.

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[CarGrl]

on 3/6/2008 Sonic, It is attitudes such as this that keeps government busy writing and enforcing legislation to maintain equality in the workplace. Why any business would want an inferior employee is a puzzler. If you are in an HR position, your company will eventually find itself, like your ethics, in the toilet.

[CarGrl]

on 3/6/2008 Sonic, Attitudes like yours are the reason why government has had to write legislation to enforce equality in the work place. Why any business would hire an inferior employee, for any reason, is a puzzlement. If you are in HR your company, like your ethics, may soon be in the toilet!

[Sonic]

on 2/23/2007 If don't want to hire someone base on one of the "no-no" reasons, just tank them for their time and that you'll get back to them within X amount of time. Then call them back within a few days and tell them that you've found someone more qualified.

on 11/22/2005 You want to know the person you're thinking of bringing on board, right? Not so fast. Be sure not to ask about family status, children, or where he's from! This could get you into trouble. Stay away from personal information unless he volunteers it!