1. October 20, 2015 Copyright © 2010 WeComply, Inc. All rights reserved. Questionable Interview Questions Note to Trainer

2. October 20, 2015 Copyright © 2010 WeComply, Inc. All rights reserved. Questionable Interview Questions Introduction

3. Questionable Interview Questions Copyright © 2010 WeComply, Inc. All rights reserved.2 Questions that seem harmless could be problematic in a job interview Remember: While certain characteristics may be obvious, comments/questions about them are generally improper Information about a candidate's personal life should be considered off-limits Don't ask questions about languages if unrelated to job qualifications Health/disabilities are generally off-limits — even if relevant to job duties You need to understand laws against discrimination and the characteristics those laws protect Overview

4. Questionable Interview Questions Copyright © 2010 WeComply, Inc. All rights reserved.3 In the news…

5. Questionable Interview Questions Copyright © 2010 WeComply, Inc. All rights reserved.4 Discrimination based on any of these characteristics is illegal in the U.S.: National Origin Race or Color Religion Sex or pregnancy Age Citizenship Disability Veteran status Genetic information Federal Anti-Discrimination Laws

6. Questionable Interview Questions Copyright © 2010 WeComply, Inc. All rights reserved.5 Discrimination based on any of these characteristics is illegal in the U.S.: National Origin Race or Color Religion Sex or pregnancy Age Citizenship Disability Veteran status Genetic information Federal Anti-Discrimination Laws (cont’d)

7. Questionable Interview Questions Copyright © 2010 WeComply, Inc. All rights reserved.6 Some states and localities also prohibit discrimination based on these characteristics: Marital/familial status Sexual orientation Gender identity Size Other characteristics When state/local laws are more strict and expansive than federal law, state/local laws apply State and Local Anti-Discrimination Laws

8. Questionable Interview Questions Copyright © 2010 WeComply, Inc. All rights reserved.7 Some states and localities also prohibit discrimination based on these characteristics: Marital/familial status Sexual orientation Gender identity Size Other characteristics When state/local laws are more strict and expansive than federal law, state/local laws apply State and Local Anti-Discrimination Laws (cont’d)

9. Questionable Interview Questions Copyright © 2010 WeComply, Inc. All rights reserved.8 In the news…

10. Questionable Interview Questions Copyright © 2010 WeComply, Inc. All rights reserved.9 When deciding whether to ask a question, interviewers should consider: Does this question tend to have disproportionate effect in screening out minorities or females? Is the information necessary to judge the individual's competence for this job? Are there non-discriminatory ways to secure the necessary information? EEOC Recommendations

11. Questionable Interview Questions Copyright © 2010 WeComply, Inc. All rights reserved.10 Questions about Physical Attributes Questions or comments about physical appearance are problematic They could have discriminatory implications based on race, color, sex, gender identity, pregnancy, age, ethnicity, height, weight or disabilities Even comments meant to flatter the applicant are not worth risk Avoid comments/questions that appear helpful but ask for information that would reveal protected basis

12. Questionable Interview Questions Copyright © 2010 WeComply, Inc. All rights reserved.11 Owen is interviewing Karina for a job interview. He notices a tattoo on her neck and wonders what its significance is and why she had it done. Would asking a question about the tattoo be inappropriate? A. No, because anti-discrimination laws don't protect tattoos. B. Probably. C. Yes, if it is a religious symbol. Pop Quiz!

13. Questionable Interview Questions Copyright © 2010 WeComply, Inc. All rights reserved.12 Questions about applicant's personal life are fraught with potential legal hazards May reveal issues regarding religion, sexual orientation, marital status, political opinions, etc. Questions that you might ask a friend may have discriminatory implications in interviewing context Even questions having some bearing on the job may be inappropriate Personal Questions

14. Questionable Interview Questions Copyright © 2010 WeComply, Inc. All rights reserved.13 In the news…

15. Questionable Interview Questions Copyright © 2010 WeComply, Inc. All rights reserved.14 Questions/comments about applicant's name, appearance, language abilities, place of birth or immigration status can be problematic May raise issues of religion, sexual orientation, marital status, etc. Asking applicant about language proficiency can be discriminatory unless it is legitimate job requirement Questions about applicant's immigration status can be discriminatory Employees must furnish work-authorization documentation Employer may not ask for more documentation than legally required National Origin, Ethnicity and Citizenship

16. Questionable Interview Questions Copyright © 2010 WeComply, Inc. All rights reserved.15 It is unlawful to ask — directly or indirectly — about applicant's disabilities You may ask only whether applicant can perform specific tasks necessary to job being applied for You may not disqualify applicant because of future risk to his/her health from performing a specific job If an applicant volunteers information a health condition — Don't follow up with questions related to the condition Don't ask about medications, assistive devices, prosthetics, etc. Questions about Health and Disabilities

17. Questionable Interview Questions Copyright © 2010 WeComply, Inc. All rights reserved.16 Before inviting Ernie into her office for his job interview, Bev took a call from a co-worker, who said that he had seen Ernie in the restroom pricking his finger and dabbing blood on an instrument of some sort. Bev is curious and wants to ask Ernie about this during the interview. Should she? A. No, but she could ask him "off the record" before or after the interview. B. Yes, if she really wants to know. C. No, because it may raise the suspicion of disability discrimination. D. Yes, because Ernie could be in a drug-rehabilitation program. Pop Quiz!

18. Questionable Interview Questions Copyright © 2010 WeComply, Inc. All rights reserved.17 Questions about bona fide occupational qualifications (BFOQs) are proper BFOQs must be reasonably necessary to normal business operations Create written job description for each position Review BFOQs with legal counsel before asking applicants about them Document the reasons for your hiring decisions to protect you and our organization Bona Fide Occupational Qualifications

19. Questionable Interview Questions Copyright © 2010 WeComply, Inc. All rights reserved.18 Final Quiz

20. October 20, 2015 Copyright © 2010 WeComply, Inc. All rights reserved. Questions?

21. October 20, 2015 Copyright © 2010 WeComply, Inc. All rights reserved. Thank you for participating! This course and the related materials were developed by WeComply, Inc. and the Association of Corporate Counsel.