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Legal Issues in Employment Interviews. Presentation for BCOM 401: Business Career Planning and Professional Development Dane M. Partridge, Ph.D. Associate Professor of Management University of Southern Indiana. What’s the Point of BCOM 401?. Nicole Weatherford, RU alum:
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Legal Issues in Employment Interviews Presentation for BCOM 401: Business Career Planning and Professional Development Dane M. Partridge, Ph.D. Associate Professor of Management University of Southern Indiana
What’s the Point of BCOM 401? • Nicole Weatherford, RU alum: • “Most of the top performers in my company were athletes in school” • Why do you think that was? • Difference between Level Four and Level Five performance • Mindset • Are you competitive in the labor market? (What do you want Er to do if you’re up against a graduate from ‘Big Name U’?) • What do you know? What can you do? Can you put your knowledge into practice? Do you have working understanding of ‘core concepts’? • Graduating seniors should possess body of knowledge, portfolio of skills • Being competitive probably involves more than simply accumulating 120 credit hours w/ 2.0+ GPA, more than “well, like, I had to take a class in that…”
Problematic Topics in Employment Interviews • National Origin • Religion • Disabilities • Age • Pregnancy
Problematic Topics in Employment Interviews • Marital Status • Child Care Arrangements • Background of Spouse • Arrest Record • Credit Record
Employment Discrimination Overview • Discrimination not illegal per se, illegal when due to prohibited reason • Employment under common law is at will • Exceptions to employment-at-will include: • Employment discrimination, such as Civil Rights Act of 1964 (race, gender, religion), Age Discrimination Act, Pregnancy Discrimination Act, Americans with Disabilities Act • Union collective bargaining agreement (“good cause”) • “Wrongful discharge” under common law, such as “public policy” exception (e.g., terminating Ee for refusing to perjure themselves in investigation of Er)
What To Do When Asked an “Unlawful” Question • Ask how the question relates to the job • Answer the question, and ask the same question of the interviewer • Directly refuse to answer the question • Terminate the interview, or • Answer the question behind the question • Can you do the job? • This is the generally recommended response… • Source: www.winway.com/Resume/career/articles/articleseven.htm