Interviewing 101: Avoiding Unintended Consequences

Image via nwosu.edu

Interviewing is an important part of any business. It goes without saying that the successful candidate for the job will come to the interview prepared. What is often overlooked is that the same is true for the interviewer. A little advance preparation can go a long way to ensure that No. 1, you hire the most qualified candidate who is the best fit for your nonprofit organization and its mission, and No. 2, you get through the hiring process without unintentionally asking questions that could open up your organization to legal liability or allegations of employment discrimination.

When interviewing for any position, plan your questions in advance and use care when addressing the topics below.

Race, Color and Religion
Questions about a person’s color, race and religion are prohibited by Title VII of the Civil Rights Act, as well as some state and local laws and ordinances. If possible, avoid questions in this area. However, there are some alternate questions that can help you get desired information without potentially violating the applicant’s civil rights.

Examples of illegal questions:

• What religion do you practice?
• Which religious holidays do you observe?
• Do you belong to a club or social organization?

Suggested alternatives:

• What days are you available to work?
• Are you able to work with our required schedule?
• Are you a member of a professional or trade group that is relevant to our industry?

Age
The Age Discrimination in Employment Act (ADEA) is a federal law, which prohibits workplace discrimination on the basis of age for all people age 40 and older.

Examples of illegal questions:

• How old are you?
• What year were you born?
• When is your birthday?
• What year did you graduate from college/high school?
• How much longer do you plan to work before you retire?

Suggested alternatives:

• Are you over the age of 18?

Gender
Questions about a person’s gender are inappropriate and prohibited by Title VII of the Civil Rights Act, as well as some state and local laws and ordinances. Gender discrimination applies to both male and female applicants.

Additionally, some states have local laws or ordinances that cover gender identity and/or sexual orientation, and prohibit discrimination based upon such characteristics. Since state and local laws and ordinances vary, it is important to research the laws on this subject in your state and act accordingly.

Examples of illegal questions:

• We’ve always had a man/woman do this job. How do you think you will stack up?
• How do you feel about supervising men/women?
• What do you think of interoffice dating?

Suggested alternatives:

• What do you have to offer our organization?
• Tell me about your previous experience managing teams.
• Have you ever been disciplined for your behavior at work?

Health and Disability
Disability discrimination in employment is covered under Title I of the Americans with Disabilities Act Amendments Act (ADAAA). Interview questions in this area should focus on ability to perform the essential job functions. For this reason, making a detailed job description available to all applicants can be helpful. If possible, make the written job description available to all applicants before 
interviews are even scheduled. Below are some questions that can provide you with useful information while avoiding potential legal pitfalls.

Examples of illegal questions:

• Do you smoke or drink?
• Do you take drugs?
• How tall are you?
• How much do you weigh?
• How many sick days did you take last year?
• Do you have any disabilities?
• Have you had any recent or past illnesses or operations?
• Have you filed any worker’s compensation claims in the past?

Suggested alternatives:

• In the past, have you been disciplined for violating company policies forbidding the use of alcohol or tobacco products?
• Do you use illegal drugs?
• Are you able to reach items on a shelf that’s five feet tall?
• Are you able to lift boxes weighing up to 50 pounds?
• How many days of work did you miss last year?
• Are you able to perform the specific duties of this position?
• Are you able to perform the essential functions of this job with or without reasonable accommodations?

Interviewing with these tips in mind will help you to avoid negative consequences while hiring qualified applicants.