Before you schedule interviews for the position you are filling, make sure you know the questions you can and cannot ask under Equal Employment Opportunity Commission (EEOC) laws.
As an employer, your job is to select the best candidate. This may tempt you to try to learn everything you can about each person you interview. Resist that temptation.
Impromptu conversations are a bad idea during interviews. Regardless of your intention, certain questions can be misconstrued and labeled as discriminatory by unsuccessful candidates.
Questions related to an applicant’s age, race, ethnicity or color; gender or sex; country of national origin or birthplace; religion; disability; marital/family status; affiliations; arrest records; military; or of a personal nature have the potential to make your company liable in a discrimination lawsuit.
Asking candidates properly phrased questions is important. USA Today small business columnist Rhonda Abrams offers the following examples to illustrate how wording interview questions can make them legal or illegal:
Illegal: Are you a U.S. citizen? vs. Legal: Are you authorized to work in the U.S.? or Do you speak any languages other than English that would be useful in this position?
Illegal: How old are you? vs. Legal: Are you over the age of 18?
Illegal: What are your child care arrangements? vs. Legal: Do you have any conflicts with the company work schedule?
Illegal: Do you have a disability/chronic illness or take prescription medications? vs. Legal: Can you perform the specific physical tasks relevant to the job with reasonable accommodation to your particular needs?
Countless other questions that may seem innocent or conversational to you can sound biased to an applicant. Therefore, asking questions that pertain strictly to the job is the safest way to conduct an interview.
Additional suggestions for conducting an interview:
- Start with a detailed job description. Understand the specific knowledge and skills required for the job.
- Prepare questions ahead of time and ask all candidates the same questions in the same way.
- Score candidate answers in a consistent manner. This can actually simplify your decision-making process.
Using such a system can give you the information you need to hire the most qualified person, yet still give you a glimpse at the personality of each candidate. Remember, the applicant is evaluating your company during the interview as well.
Holding an objective and professional interview shows a sense of fair play that most people appreciate and that reflects positively on your company.