Suggest You - Interviewing: How to Stay Out of legal Hot Water

Every recruiter, hiring manager, executive, and department manager must realize that asking the wrong questions or making improper inquiries can lead to discrimination or wrongful-discharge lawsuits. These suits can be won or lost based on statements made during the interview process. To stay out of hot water:

Avoid these seemingly non-threatening questions.

• Are you a U.S. citizen? (Seeking 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)

Steer clear of questions that would be considered discriminatory.
For example, you shouldn’t ask a female applicant detailed questions about her husband, children and family plans. Such questions can be used as proof of sex discrimination if a male applicant is selected for the position, or if the female is hired and later terminated. Older applicants shouldn’t be asked about their ability to take instructions from younger supervisors. Younger applicants should not be asked about working with older workers.

Don’t make binding contract statements.
When describing position, avoid using terms like permanent, career job opportunity or long-term. Suppose that an applicant is told: “If you do a good job, there’s no reason why you can’t work here for the rest of your career.” The applicant accepts the job and six months later is laid off due to personnel cutbacks. This 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 job’.

Ask the right kinds of interview questions.
Organizations that consistently hire top performers and also stay on the right side of the law use a behavioral-based interview process. First they conduct a job analysis audit to objectively identify the core competencies required for a given job. Then they customize a list of behavioral-based interview questions to identify those competencies. Finally, they not only train their recruiters, but also their executives, department managers, and hiring managers on legal and effective interview techniques. Here are some examples of questions that focus, not on the person, but the specific competencies that the job requires.

• "What has been a particularly demanding goal for you to achieve?" (This question taps into the candidate’s achievement orientation and requires them to explain the obstacle and their and actions to overcoming the obstacle). Be Sure You Are Understood Before Acting and You Can Make Progress at 20 Times the Usual Rate
  I heard this story told about film director Cecil B. DeMille. I have no way of knowing if it's true, but the story beautifully captures the communications stall.Mr. DeMille spared no expense to part the Red Sea for his epic production of The Ten Commandments. Actors, engineers, horses, and assorted other animals were everywhere. The dust, heat, and noise were ferocious. Finally, everyone was ready to go and DeMille called out, "Roll the cameras" and "Action." After he finishr 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)

Steer clear of questions that would be considered discriminatory.
For example, you shouldn’t ask a female applicant detailed questions about her husband, children and family plans. Such questions can be used as proof of sex discrimination if a male applicant is selected for the position, or if the female is hired and later terminated. Older applicants shouldn’t be asked about their ability to take instructions from younger supervisors. Younger applicants should not be asked about working with older workers.

Don’t make binding contract statements.
When describing position, avoid using terms like permanent, career job opportunity or long-term. Suppose that an applicant is told: “If you do a good job, there’s no reason why you can’t work here for the rest of your career.” The applicant accepts the job and six months later is laid off due to personnel cutbacks. This 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 job’.

Ask the right kinds of interview questions.
Organizations that consistently hire top performers and also stay on the right side of the law use a behavioral-based interview process. First they conduct a job analysis audit to objectively identify the core competencies required for a given job. Then they customize a list of behavioral-based interview questions to identify those competencies. Finally, they not only train their recruiters, but also their executives, department managers, and hiring managers on legal and effective interview techniques. Here are some examples of questions that focus, not on the person, but the specific competencies that the job requires.

• "What has been a particularly demanding goal for you to achieve?" (This question taps into the candidate’s achievement orientation and requires them to explain the obstacle and their and actions to overcoming the obstacle). Attracting Jobs to Your State
  States are competing for new business much like people bidding at an auction. The state with the lowest cost to the Company is likely to win the bid. Tax breaks, $1 land leases, state assistance, construction costs, availability to skilled labor, and logistics are major concerns for companies. States that solve these problems are likely to win the bid but many states aren’t even in the game.Companies are always looking for the best deal when selecting potential sites for a nlicant detailed questions about her husband, children and family plans. Such questions can be used as proof of sex discrimination if a male applicant is selected for the position, or if the female is hired and later terminated. Older applicants shouldn’t be asked about their ability to take instructions from younger supervisors. Younger applicants should not be asked about working with older workers.

  Don’t make binding contract statements.
  When describing position, avoid using terms like permanent, career job opportunity or long-term. Suppose that an applicant is told: “If you do a good job, there’s no reason why you can’t work here for the rest of your career.” The applicant accepts the job and six months later is laid off due to personnel cutbacks. This 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 job’.

  Ask the right kinds of interview questions.
  Organizations that consistently hire top performers and also stay on the right side of the law use a behavioral-based interview process. First they conduct a job analysis audit to objectively identify the core competencies required for a given job. Then they customize a list of behavioral-based interview questions to identify those competencies. Finally, they not only train their recruiters, but also their executives, department managers, and hiring managers on legal and effective interview techniques. Here are some examples of questions that focus, not on the person, but the specific competencies that the job requires.

  • "What has been a particularly demanding goal for you to achieve?" (This question taps into the candidate’s achievement orientation and requires them to explain the obstacle and their and actions to overcoming the obstacle). Should You Crack the Tough Nuts?
    Years ago I used to focus on the worst members of the audience. The ones who crossed their arms and legs, never smiled, hardly said a word or took a single note throughout the day. I felt the need to ‘win them over’ to prove my ability as a speaker and a trainer.I’ve learned something over the years: Some people do not want to be won over – and that’s OK.Now I focus on the audience members who do respond with smiling, nodding, taking notes, asking questions and laughi reason why you can’t work here for the rest of your career.” The applicant accepts the job and six months later is laid off due to personnel cutbacks. This 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 job’.

    Ask the right kinds of interview questions.
    Organizations that consistently hire top performers and also stay on the right side of the law use a behavioral-based interview process. First they conduct a job analysis audit to objectively identify the core competencies required for a given job. Then they customize a list of behavioral-based interview questions to identify those competencies. Finally, they not only train their recruiters, but also their executives, department managers, and hiring managers on legal and effective interview techniques. Here are some examples of questions that focus, not on the person, but the specific competencies that the job requires.

    • "What has been a particularly demanding goal for you to achieve?" (This question taps into the candidate’s achievement orientation and requires them to explain the obstacle and their and actions to overcoming the obstacle). The Holidays Are Here
      I use a credit card for many business purchases. Since I travel a lot, this means quite a bit of money is charged throughout the year.Therefore, I was pleased when my bank had a local hotel deliver a ‘basket of goodies’ to our home during the holidays.The card attached thanked us for our support, and looked forward to another year of providing beneficial service.Unfortunately, the basket included abalone, chocolate cake and cookies. I am vegetarian (no abalone)b. Then they customize a list of behavioral-based interview questions to identify those competencies. Finally, they not only train their recruiters, but also their executives, department managers, and hiring managers on legal and effective interview techniques. Here are some examples of questions that focus, not on the person, but the specific competencies that the job requires.
      • "What has been a particularly demanding goal for you to achieve?" (This question taps into the candidate’s achievement orientation and requires them to explain the obstacle and their and actions to overcoming the obstacle).
      • "What are the typical customer interactions you have in your present position?" Can you think of a time when you had to think quickly on your feet to solve a problem? (This question focuses on the candidate’s customer service skills and orientation).
      • "Have you ever been in a situation where you have had to take on new tasks or roles? Describe this situation and what you did?" (This question allows you to probe into the candidate’s degree of flexibility).

      By implementing the behavior interviewing, all organizations – small or large, private or public, for profit or non profit – can significantly reduce their exposure to employment practices claims and increase their potential for hiring top performers.

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