Best Practices in Interviewing

Best Practices in Interviewing From Mike Poskey*

How to Interview Legally and Effectively We all know how litigious our society has become in the area of employment-related issues !very recruiter" hiring manager" e#ecutive" and department manager must reali$e that asking the wrong interview %uestions or making improper in%uiries can lead to discrimination or wrongfuldischarge lawsuits" and these suits can be won or lost based on statements made during the interview process &hus" it is important to incorporate risk management into your interviewing process to help minimi$e your firm's e#posure to employment practices liability (ou" or your company" could be accused of asking improper interview %uestions or making discriminatory statements or comments that reflect bias It is also possible to make assurances or promises during an interview that can be interpreted as binding contracts

)ecogni$ing these potential danger areas is the best way to avoid saying the wrong thing during an interview Most companies have at least two people responsible for interviewing and hiring applicants It's critical to have procedures to ensure consistency evelop interviewing interviewing forms containing ob+ective criteria to serve as checklists &hey ensure consistency between interviewers" interviewers" as well as create documentation to support the decision if a discrimination charge is later filed by an unsuccessful applicant

Interview Problems to Avoid &o minimi$e the risk of discrimination discrimination lawsuits" it,s important for interviewers to be familiar with topics that aren,t permissible as interview %uestions For e#ample" you shouldn,t ask a female applicant detailed %uestions about her husband" children and family plans uch %uestions can be used as proof of se# discrimination if a male applicant is selected for the position" or if the female is hired and later terminated .lder applicants shouldn,t be asked about their ability to take instructions from younger supervisors supervisors It is also important to avoid making statements during the interview process that could be alleged to create a contract of employment When describing the +ob avoid using terms like /permanent"/ /career +ob opportunity"/ or /long term/ Interviewers should also avoid making e#cessive assurances assurances about +ob security 0void statements that employment will continue as long as the employee does a good +ob For e#ample" suppose that an applicant is told that /if you do a good +ob" there's no reason why you can,t work here for the rest of your career/ &he applicant accepts the +ob and si# months later is laid off due to personnel cutbacks cutbacks &his could lead to a breach of contract claim where the employee asserts that he or she can't be terminated unless it's proven that he or she didn,t do a / good +ob/ 1ourts have" on occasion" held that such promises made during interviews created contracts of employment

Illegal Interview Questions Most companies have at least two people responsible for interviewing and hiring applicants It,s critical to have procedures to ensure consistency evelop interviewing interviewing forms containing ob+ective criteria to serve as checklists &hey ensure consistency between interviewers" interviewers" as well as create documentation to support the decision if a discrimination charge is later filed by an unsuccessful applicant 2earn to assess +ob candidates on their merits When developing evaluation criteria" break down broad" sub+ective impressions to more ob+ective factors .bviously" you must prepare for the interview by reviewing the application" resume" test results" and other materials submitted by the candidate &ry and put the candidate at ease and ask interview %uestions that can,t be answered with a /yes/ or /no/ response &hese open-ended %uestions allow applicants to tell all about their skills" knowledge and abilities

ome e#amples are3 /Why are you leaving your current employer4/ /o you prefer routine" consistent 5work or fast-paced tasks that change daily46 /0nd why4/

Interview Problems to Avoid • • •

Interview %uestions and issues you want to avoid include the following3 asking improper interview %uestions" making discriminatory statements" and making binding contract statements

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&he following are e#amples of interview %uestions that should be avoided in interviews because they may be alleged to show illegal bias  0re you a 7 citi$en4 8adversely impacts national origin9 o you have a visual" speech" or hearing disability4 :0re you planning to have a family4 When4 ;ave you ever filed a workers, compensation claim4 ;ow many days of work did you miss last year due to illness4 What off-the-+ob activities do you participate in4 Would you have a problem working with a female partner4 Where did you grow up4 o you have children4 ;ow old are they4 What year did you graduate from high school4 8reveals age9

 0s you can see" these rather simple and seemingly non-threatening %uestions can easily violate one of the aforementioned dangers when conducting interviews

81ontinued from Page http3??humanresourcesaboutcom?od?interviewing?a?behavior@intervhtm:behavioral interview5?link: %uestions to pose to candidates &his is due to the assessment's ob+ective evaluation of each candidate,s competencies ;ere are a few e#amples of legally-defensible behavioral interview %uestions that will assist in uncovering core competencies in an interview

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What has been a particularly demanding goal for you to achieve4 8&his interview %uestion taps into the candidate's achievement orientation and re%uires them to e#plain the obstacle and their thought process and actions to overcoming the obstacle9 1an you think of a situation in which an innovative course of action was needed4 What did you do in this situation4 8&his interview %uestion allows you to uncover whether the candidate can develop innovative solutions to work-related problems" and identify potential opportunities and ways to capitali$e on them9 What are the typical customer interactions you have in your present position4 1an you think of a recent e#ample of one of these4 8&his interview %uestion focuses on the candidate,s customer service orientation9 ;ave you ever been in a situation where you have had to take on new tasks or roles4 escribe this situation and what you did4 8&his interview %uestion allows you to probe into the candidate,s degree of fle#ibility9 In your present position" what standards have you set for doing a good +ob4 ;ow did you determine them4 8&his interview %uestion allows you to uncover if the candidate has high work standards9 1onducting a +ob analysis audit to ob+ectively identify the core competencies re%uired for a given +ob" and then customi$ing a list of behavioral-based interview %uestions like the ones mentioned above to identify those competencies" can significantly reduce your e#posure to employment practices claims and increase your potential for hiring top performers A By instituting guidelines such as these and making sure that your organi$ation's managers follow them you will have gone far in reducing your risk of a lawsuit from an employee or +ob applicant

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