 By now, everybody knows that there are certain questions you can’t ask while conducting an interview. But you might be surprised at how carefully you have to measure your words while speaking with prospective candidates. Then again, you might not be, depending on how long you’ve been in the business and how much experience you’ve accumulated.
Not only is every person you interview a potential fit for your company, they also represent a potential lawsuit. Everything hinges upon what happens between the time they sit down across from you and the time they leave. Creating and maintaining a streamlined, efficient, and effective model for candidate interviews includes not being sued. Here’s a quick disclaimer—this is not a comprehensive list, and if you’re not well versed in this area, consult your Human Resources Department, your Legal Department, or your company’s legal counsel for more information. This article is meant to bring an important topic to the front of your mind and also to provide some general guidelines. The best way to stay on track during an interview is to gear your questions toward the requirements of the position. In fact, all questions should be presented within the context of those requirements. For example—and this is a big one—you shouldn’t ask how old the candidate is or what their date of birth is. Another area similar to age is height and weight. But if you ask about that, you’ll have to present information that ties the question to the requirements of the position for which they’re applying. Other than that, there are questions you should flat-out avoid, such as the following: Sex or marital status--This includes subjects like divorce, if the person has any children, how many children they have, when they plan to start a family, whether or not they’re pregnant, and if they plan to take time off work if they are pregnant. Religious affiliation--Asking them which holidays they observe is out of the question, too. You can get sued for asking the question “without asking the question.” Race or national origin--This includes asking them if they were born in the United States, what country their parents are from, if they’re a U.S. citizen, or if English is their primary language. You do have the right, however, to inquire about their citizenship status in order to make certain they are eligible to work in the U.S. Physical and/or mental disabilities--Don’t ask if they’ve ever been treated for a drug addiction or alcoholism, if they take any prescription medicine, if they’ve ever been treated by a psychiatrist or psychologist, or if they’re providing care for a family member with a disability. You can ask the applicant if they’re able to perform the tasks detailed in the job description with reasonable accommodation. Credit score or history--This has been challenged as discriminatory in the past, so it’s best not to broach the subject. Simply run a background and credit check, complying with the Fair Credit Reporting Act in the process. In other words, conduct the appropriate checks allowed by law and avoid the topic during the interview. Possible criminal history--In some states, you’re permitted to ask about criminal convictions. Find out what your state mandates. Private organizations to which they belong--Since it’s difficult to define the word “private,” it’s a safe bet not to ask about this at all, even if the candidate bring up the subject and offers information willingly. Names and addresses of relatives--Sounds obscure, but it’s true. While engaging in casual conversation toward the end of an interview is not harmful in and of itself, you should be extremely careful about how you act, react, and respond. For example, the conversation might start to gravitate toward family life and other personal issues. If that happens, squelch your inclination to probe deeper with additional questions, which is what you would do if it was a casual conversation and nothing else. Last year, Time Staffing won ClearlyRated’s Best of Staffing Client and Talent Awards for providing superior service to their clients and candidates. ClearlyRated's Best of Staffing Award is the only award in the United States and Canada that recognizes staffing agencies that have proven superior service and quality based entirely upon ratings provided by their clients and job candidates. Time Staffing received satisfaction scores of 9 out of 10 or 10 out of 10 from 75.4% of their placed talent, significantly higher than the industry’s average of 45%. Contact Time Staffing today to find out more about our placement services for employers! Comments are closed.
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