1. Interviewing Do’s & Don’ts

2. Introduction Always a difficult task, the job of hiring people has been made even more difficult in recent years by the myriad of local, state and federal laws which have added an element of real risk to the process when employment interviews are handled improperly.

3. Selecting for Interview First of all, it is difficult to know which of several prospective candidates might perform best in any given job. Anyone in the hiring capacity is aware that people who interview well do not always perform well once they are in the job.

4. Selecting for Interview When screening applicants, always keep to job related criteria. If not sure, ask HR. Interview a minimum of 5 candidates. Don’t necessarily screen out candidates from out of town on that basis alone.

5. Interviewing Interviewers are also usually not well enough informed about the laws they may violate, often unintentionally. When interviewing prospective candidates, their focus is usually on their department’s immediate internal needs.

6. Interviewing Employment law is an area where many interviewers have no great expertise. Because of this, inadequate attention is sometimes given to this very important area.

7. Interviewing The results of this lack of knowledge can be disastrous for the employer. Legions of attorneys make very nice livings from failures in the interviewing process!

8. History of the Laws Civil Rights Act of 1964: Landmark piece of legislation that outlawed major forms of discrimination against blacks and women, including racial segregation. It ended unequal voter registration requirements and racial segregation in schools, at the workplace and by facilities that served the general public.

9. History of the Laws Title VII of the Act prohibits discrimination by covered employers on the basis of race, color, religion, sex or national origin. It also prohibits discrimination on the basis of association with another individual. Employers excluded from this prohibition are the federal government, Native American tribes, religious groups & non-profits.

10. History of the Laws The Equal Employment Opportunity Commission (EEOC) enforces Title VII. An individual can bring a private lawsuit against the employer, but must file a complaint of discrimination within 180 days of the discriminating event.

11. History of the Laws In the late 1970s, courts began holding that sexual harassment is also prohibited under the Act. Title VII only applies to employers who employ 15 or more employees for 20 or more weeks in a year.

12. B F O Q Who in this room knows what this stands for?

13. B F O Q In very narrow defined situations an employer is permitted to discriminate on the basis of a protected trait where the trait is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or job.

14. B F O Q To prove the BFOQ defense, an employer must prove three elements: a direct relationship between sex and the ability to perform the duties of the job, the BFOQ relates to the “essence” or “central mission of the employer’s business”, and there is no less-restrictive or reasonable alternative.

15. B F O Q Examples Mandatory retirement ages for airline pilots, for safety reasons, but not for airline engineers. Manufacturer of men’s clothing may advertise exclusively for male models. Religious schools may lawfully require faculty to be members of that denomination. French restaurant can hire only French chefs, but there can be no requirement that the Janitor be French.

16. B F O Q A BFOQ can be a defense for an employer, but the burden of proof is a difficult burden. BFOQ defense is only available in cases of discrimination because of religion, sex, national origin and age.

17. What Can I Ask? Very simple... Ask questions that determine whether or not the individual will be able to perform the job. There are ways to ask applicants important questions while avoiding impermissible questions.

18. Do’s and Don’ts Don’t ask = are they married, have children or plans to have children. Do ask = there is frequent OT or shift work, can you meet those requirements. Don’t ask = what religion they belong to. Do ask = work is required on Saturdays & Sundays, can you work those days.

19. Do’s and Don’ts Don’t ask = how old are you, or when did you graduate high school. Do ask = dates when post high school was completed. Don’t ask = are you a citizen? Do ask = if hired, will you be able to provide proof of authorization to work in the US.

20. Do’s and Don’ts Don’t ask = if applicant has a disability, specific illness or how many days out sick in last job. Do ask = describe the essential functions of the job and ask if they can perform them with or without accommodations.

21. Don’ts Under Any Circumstance Don’t ask = Where were you born? Is your name Jewish, Irish, etc.? Are you married? What was your maiden name? Where do you go to church? Plan to have children?

22. Do’s Can ask = What made you apply for the position? Why are you leaving your present job? Describe most important accomplishments. How do your strong points relate to this job? How would you describe your relationship with your last supervisor?

23. Finally... Select candidates for interviews based solely on job requirements. Practice defensible interviewing techniques. Make sure you don’t put yourself or the City at risk. If you have a question…ask HR. Come prepared to the interview. Learn as much as you can before the interview takes place. Don’t get caught asking an inappropriate or impermissible question.