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Best Practices in Interviewing
How to Interview Legally and Effectively

From Mike Poskey*, About.com Guest

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. Develop interviewing forms containing objective criteria to serve as checklists.

They ensure consistency between interviewers, as well as create documentation to support the decision if a discrimination charge is later filed by an unsuccessful applicant.

Learn to assess job candidates on their merits. When developing evaluation criteria, break down broad, subjective impressions to more objective factors.

Obviously, you must prepare for the interview by reviewing the application, resume, test results, and other materials submitted by the candidate. Try and put the candidate at ease and ask interview questions that can’t be answered with a "yes" or "no" response.

These open-ended questions allow applicants to tell all about their skills, knowledge and abilities. Some examples are: "Why are you leaving your current employer?" "Do you prefer routine, consistent [work or fast-paced tasks that change daily?” "And why?"

Interview Problems to Avoid

Interview questions and issues you want to avoid include the following:

  • asking improper interview questions,

  • making discriminatory statements, and

  • making binding contract statements.

The following are examples of interview questions that should be avoided in interviews because they may be alleged to show illegal bias.

  • Are you a U.S. citizen? (adversely impacts national origin)

  • Do you have a visual, speech, or hearing disability?

  • ]Are you planning to have a family? When?

  • Have you ever filed a workers’ compensation claim?

  • How many days of work did you miss last year due to illness?

  • What off-the-job activities do you participate in?

  • Would you have a problem working with a female partner?

  • Where did you grow up?

  • Do you have children? How old are they?

  • What year did you graduate from high school? (reveals age)

As you can see, these rather simple and seemingly non-threatening questions can easily violate one of the aforementioned dangers when conducting interviews.

Now that you know about illegal interview questions, read about how to develop a legal interview and interview questions.

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