1. Interviews and Discrimination
Aaron Miller

2. Interview
Feel free to be friendly, smile and interact with the applicant
Ask about work experience
Go over the interview process, and let them know what step they are on
Ask open-ending questions that promote the applicant to open up about themselves and give you the info you want
Dig deep and ask for specific examples of job related experience
Avoid cliché questions
“What is your biggest weakness”
- I just work too hard
“What interested you about our company”
- You are hiring

3. Hiring Process
Resume review by 2-3 managers or employees involved in selection process (I’d be happy to review it)
Phone screen (Skype)
Interviewers compare notes
Face interview
Background check
2nd interview (if necessary)
Job offer – full disclosure of position
Drug screen (employment contingent on results)
Review of policies and procedure, agreement of terms

4. DOS What made you apply for this position?
How did you hear about this job opening?
In a brief statement, would you summarize your work history and education for me?
Why are you leaving your present (or last) job?
What kinds of co-workers do you like best? Why?
How does this job fit in with your overall career plan?
Can you describe for me one or two of the most important accomplishments (or biggest disappointments) in your career?
What might make you leave this job?
How many days did you miss during the last year? What were the reasons?
How would you describe your relationship with your last (present) supervisor? Coworkers?

5. DON’TS D.O.B. or any leading questions Marital Status/Family Status
Arrests (non-convictions)
Medical History
Absenteeism due to illness
Race
Religious Affiliation
Sexual Orientation
Gender
Don’t tip your hand or make promises that can’t be kept
“You had a great interview…” / Getting approval for $

6. Discrimination
Vague, terrifying term used to frighten managers into a different decision; or get a pay out.
100% avoidable
Even if your decision is based on grey area info, there are simple phrases you can use
“We went with another qualified candidate”
“That position is no longer available”
Budget cuts, absorbed by other employees, changed the experience level and hired an entry level employee
It’s always best to be honest with people about your decision, that keeps them from getting their hopes up, and being angry when it doesn’t work out

7. Facts
Nationally less than 1% of employment discrimination suits make it to trial
Less than 33% of those are in favor of the employee
*not including cases settled before reaching trial
Information offered freely by the interviewee is not basis for a suit
*just don’t dig deeper

8. Process
The employee has to show that they were not hired for, or were fired from, a certain job.
Second, they have to show that they were objectively qualified for the job.
Third, they must show that the position remained open after, and was eventually filled by someone of a different {basis of suit}, and that the replacement was not as or more qualified than the plaintiff.
However, if the plaintiff proves all of these facts, they have not won the case. All they’ve done is raised a prima facie case of employment discrimination – these facts, on their face, create a presumption that discrimination has occurred.
At this point, the burden of proof shifts to the employer, who merely has to prove that they had a legitimate, non-discriminatory reason for their hiring or firing decision. This reason can be just about anything, but they do have to prove that it existed.
If the employer proves those facts, the burden once again shifts to the employee, who has to prove that the employer’s “legitimate” reason for terminating them is merely a pretext for discrimination.
If they fail to prove a single one of those facts, they will lose.
The burden of proof is ultimately on the employee

9. Conclusion
The best route is to just be friendly and honest with people
It helps relax everyone in the room and ease the process
Ask open ended questions, that prompt the candidate to talk about themselves and their career
You are protected as long as you stick to work or experience related topics
Feel free to ask an outside-the-box question to break the ice or get a feel for someone’s problem solving skills