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A Guide to Interviewing. Tips for Employers on Asking Questions During An Employment Interview. Interviewing job candidates is one of the most important tasks a supervisor performs Interviewing is an important tool in the selection process
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A Guide to Interviewing Tips for Employers on Asking Questions During An Employment Interview
Interviewing job candidates is one of the most important tasks a supervisor performs Interviewing is an important tool in the selection process Interviewing helps identify those candidates that will meet expectations and be a true asset to you and your organization Interviews
Always have a written job description that contains not only important and daily job functions, but any physical requirements as well Prepare written interview questions Use the same questions for all applicants Never require a photo with an application unless integral to the job (model, actor, etc) Tips For Getting Ready to Interview
Remember! There are state and federal laws that make asking certain kinds of questions illegal! Misusing the interview process can be very costly to you and your employer.
Both federal and state laws prohibit discrimination against someone based on race, age, gender, disability, religion or national origin. In the past, pre-employment screening, including interview questions, have been used to screen out certain groups protected by these laws. Now, interview questions can be closely examined in discrimination cases for evidence that certain groups were excluded from employment.
The Title VII of the Civil Rights Act of 1964, The Age Discrimination in Employment Act of 1967 and the Arkansas Civil Rights Act make it illegal to discriminate based on race, gender, age or national origin in hiring of employees. • Other laws protecting employees are the Immigration Reform and Control Act (IRCA) and the Americans with Disabilities Act.
THE FOLLOWING INFORMATION IS A GUIDE TO WHAT YOU SHOULD AND SHOULD NOT ASK DURING AN INTERVIEW AND THE REASONS “WHY”
I.RACE OR NATIONAL ORIGIN Interview questions or job requirements that have the effect of screening out applicants based on race or national origin violate Title VII of the Civil Rights Act.
You should not ask questions that identify someone’s race or national origin. The use of such questions could mean certain groups were excluded from employment and could be evidence of discrimination.
Are you a U.S. citizen? Are your relatives U.S. citizens? Where were you born? Is English your native language? Where were your parents born? Have you ever been arrested? List the groups of which you are a member. What is your ethnicity? Do you own or rent your home? What is the nationality, racial or religious affiliation of the school you attended. Do Not Ask Do Not Ask
Are you authorized to work in the United States? What languages do you speak fluently (only if this directly relates or is a requirement of the job) Do you belong to any professional or trade groups relevant to your trade or profession? Do Ask:
Employers should not use questions concerning arrest records. • The Equal Employment Opportunity Commission has found that such questions have the effect of disproportionately excluding minorities from employment and that being arrested is not conclusive evidence that the applicant has taken part in the illegal activity. • Conviction records may be used to exclude an applicant if the employer can show a business necessity for the exclusion.
Business necessity may be shown if the applicant engaged in conduct which is particularly egregious or related to the position in question.
Employers may use information about race for affirmative action purposes by keeping those questions separate from the application. Some employers use a tear-off portion to separate that information, so the interviewer does not use it in the selection process.
II.AGE Federal law prohibits discrimination based on age. Persons aged 40 and over are in the class protected from age discrimination.
How old are you? When did you graduate from college? Do you plan to retire soon? Do Not Ask
Do Ask • Are you over the age of eighteen? • There are no valid age related questions, so always avoid them!
III. GENDER OR PREGNANCY DISCRIMINATION • Employers may not have gender restrictions or prohibitions from hiring pregnant workers. • Employers may have reasonable physical requirements or attendance requirements for a job, but may not limit the job by gender. • Employers may not refuse to hire someone because of the prejudices or dislikes of co-workers, clients or customers.
What is your marital status? Do you plan to have children? Do you have children? Will your children interfere with your job? Are you pregnant? Give the names and relationships of persons with whom you live. Can you keep up with the men? Do Not Ask
Will you have a problem beginning work at 7:30 a.m.? This job entails frequent overtime or schedule changes; will you be able to meet those requirements? Travel is an important part of the job. Would you be willing to travel as necessary? Do you have relatives employed with this company? Where may I contact you? Do Ask
Ask questions about an applicant’s abilities. Ask the same questions to all applicants!
Remember!Unless you can show a legitimate business need, DO NOT ASK for a photograph prior to hiring Asking for a photograph from applicants without a legitimate business need could also be used as evidence of racial, national origin or age discrimination.
IV. RELIGION It is illegal to discriminate based on religion or religious preferences. This includes giving preference in hiring to those sharing your religion.
Any questions that directly or indirectly relate to religion. What religious holidays do you observe? What is your religious affiliation? Are there any foods you cannot eat? Do you have a problem working with Protestants? or Catholics, Muslims, etc.) Where do you go to church? Do Not Ask
Do Ask • What days are you available to work? • Always explain any special safety requirements and ask if they have any problems with compliance. • Safety requirements must be legitimate!
V. UNION MEMBERSHIP Never ask applicant if they are a member of a union. Arkansas law specifically prohibits refusing to employ someone based on their membership or non-membership in a labor union.
VI. MILITARY • Never ask any question relating to the type of discharge from the military or request discharge papers. • You may ask about job related training, education or experience that an applicant had in the military.
VII. DISABILITY The American With Disabilities Act (“ADA”) protects workers with disabilities, who are otherwise able to perform work, from discrimination in employment. Under this law, there are limits to what an employer may ask, or what “disability-related inquiries” an employer may make.
What is a “disability-related inquiry”? - A question or series of questions likely to elicit information about a disability. Such questions are prohibited during the hiring process. Additionally, the ADA prohibits pre-offer medical examinations.
Do Not Ask Examples of “disability-related” questions: - Do you have any handicaps? -Have you ever filed a worker’s compensation claim? -How often were you off sick at your last job? -Have you been hospitalized in the last five years? -Are you currently taking any medicine?
Do Not Ask More examples of “disability-related” questions: - Are you an alcoholic? - Do you have AIDS? - Are you fit for work?
Do Ask Do ask questions related to the physical requirements of the job. Be sure you ask the same question to all applicants and that the physical requirements are a part of the written job description. Most importantly make sure the physical requirements reasonably relate to the job.
Do Ask Examples of permitted questions: -Asking an applicant if he or she can lift 20 lbs, if that requirement is integral to the job. -Asking an applicant if they are currently using illegal drugs. -Outline the physical requirements of the job and ask if they can perform those functions.
Outline the physical requirements of the job and ask the applicant if they can perform those functions- can you sit for long periods of time? Can you drive frequently? Can you lift or carry 10 lbs every day?
Employers MAY ask disability-related questions and require medical exams after an offer of employment, but before the applicant begins work. Employers may make disability-related inquiries at this time and conduct medical examinations, as long as the employer does the same for all employees in the same job category.
REMEMBER! You MUST keep all medical information CONFIDENTIAL. Additionally, Arkansas law requires that the employer bear the cost of any medical testing and that a copy of the test results be provided free of charge to the applicant.
Vision tests Blood, urine and breath analyses Blood pressure screening and cholesterol testing Nerve conduction tests Pulmonary function tests Psychological tests Diagnostic procedures such as x-rays, CAT scans and MRIs What are Medical Exams?
These are not considered medical tests and may be used as long as required of ALL applicants for a certain job classification and are reasonably related to the job. Tests for current use of illegal drugs Physical agility tests Tests to evaluate employee’s ability to read labels or distinguish objects
Current employees who apply for a new job with the same employer are regarded as applicants and the same pre-employment restrictions apply. Employees selected in a noncompetitive way such as seniority, do not have to be treated as applicants
VIII. POLYGRAPHS • The Employee Polygraph Protection Act prohibits most private employers from using lie detector tests for pre-employment screening. • The Act prohibits private employers from discriminating against applicants who refuse to take a test.
IX. JOB REFERENCES Arkansas law sets out what may be discussed about a former employee. Former employers should not make statements that are false or made with the sole intent of interfering with someone’s employment.
Arkansas Code Annotated 11-3-204 sets out the rules for providing references to prospective employers. There is a presumption of good faith when a former employer makes disclosures about an applicant if the disclosures are done according to the statute’s guidelines.
Date and duration of employment Last rate of pay and wage history Job description and duties Last performance evaluation prepared prior to the request If the employee is eligible for rehire. Attendance information Results of drug or alcohol tests administered within (1) year prior to the request Threats of violence, harassing acts, or threatening behavior related to the workplace or directed at another employee Why the employee left employment The following may be disclosed upon receipt of written consent signed by the current or former employee:
The presumption of good faith can be rebutted by showing the employer’s statements were false or given with malice and reckless disregard for the truth. The consent is only good for six months or as long as the application.
YOU MUST REMEMBER THAT BECAUSE A QUESTION MAY BE PROPER UNDER ARKANSAS LAW, DOES NOT MEAN THE QUESTION IS PROPER UNDER FEDERAL LAW, OR VICE VERSA! ALWAYS FOLLOW THE MOST RESTRICTIVE GUIDELINES!
X. CONCLUSION -Your goal is to select the best candidate for the job. -Base your questions on written job descriptions and always advertise preferences- example: preference given for those with at least three years of job-related experience. - Always ask the same questions of all applicants, use prepared interview questions and keep a copy of those questions. - Make sure you have written job descriptions that contain any physical requirements for all current jobs. - Make sure your requirements reasonably relate to the job and meet the business necessity standards of federal law.
RESOURCES • Equal Employment Opportunity Commission: www.eeoc.gov or 501-324-5060 (Little Rock) • Arkansas Department of Labor: www.arkansas.gov/labor or 501-682-4500 • United States Department of Labor: www.dol.gov or 501-223-9114.
