How to land the best candidate and steer clear of legal jeopardy
Some people have the gift of gab – that natural ability to draw people into breezy chit chat. While small talk is a great way to break the ice in many life situations, the job interview is not one of them.
Seemingly harmless conversation openers can easily go off the rails, leading to misunderstandings and ultimately to discrimination lawsuits. Bear in mind that laws don’t make a distinction between actual “interview questions” and ones meant to put candidates at ease.
There’s both art and skill to interviewing job candidates – and a simple objective to keep it all in perspective. Every question asked of candidates should be directly related to assessing their skills and fit for the position. Knowing what to ask, what to avoid asking and the best way to phrase questions will go a long way in landing the best candidate for the job while avoiding both reputational harm and discriminatory practices.
Here are tips to accomplish the goal.
Don’t Wing It: The pre-game preparation
All involved in hiring should be trained to understand, recognize and prevent discriminatory practices. Crucially, they need to know to steer clear of questions that could be construed as discriminatory by the Equal Employment Opportunity Commission, state and/or local statutes. These include, but not limited to questions about::
- An individual’s race, ethnicity, religion, or gender
- A candidate’s citizenship status or place of birth
- Any physical or mental disability
- Marital status
- Whether a candidate is pregnant
- Maiden or partner’s name
- Childcare arrangements
Beyond the taboo topics, all involved should be aware of how their own expectations or opinions could be construed as bias. Common (bad!) assumptions include considering someone too old to perform a techie job well or passing on a younger woman on the grounds that she may leave the job to raise a family. On the flip side, it would be wrong to favor a candidate who, for example, went to your college over a more qualified applicant.
Interview staff should know company procedures for accommodating protected groups. Even if they don’t bring it up, candidates might. Examples of these questions might be:
- Does the workplace have transgender bathrooms?
- I wear religious attire that might clash with your company’s dress code. Will you provide a religious exemption to the dress code?
Prepare good questions in advance
Using the job description to determine which skills and abilities are most important, build interview questions to reflect those priorities. Ask all applicants for the same position the same questions. A straightforward approach makes it both easier for the interviewer to evaluate and compare applicants fairly and also can be crucial in defending against allegations of discrimination in hiring and selection.
It is definitely possible to probe without veering into illegal territory. For example, to assess how a candidate would perform in the job, ask about how they handled past situations. You can also come up with creative conversation starters, such as “What emoji best describes your work style?”
Remember, the interview is a give and take. Both parties are evaluating each other. Responding to candidates’ questions with pertinent, transparent answers will help them decide if they’re a good fit too. So be prepared to sell the company by talking about the overall strategy, mission, structure, perks and benefits tied to the position as well as next steps in the hiring process.
Ace the interview
Start by introducing yourself and taking the time to pronounce the candidate’s name properly. If you’re unsure, it’s easy enough to ask something like: “Would you mind pronouncing your name for me? I want to make sure I get it right.” This is both a sign of respect and is a subtle way to demonstrate a welcoming, inclusive workplace.
Set the tone by explaining what the applicant can expect for the next half hour or so. In providing an overview of the job, spell out what the position involves in more detail than the job listing. This may include the core duties and responsibilities and any working conditions that may affect them, such as the policy on flex hours or overtime requirements. Be as transparent as possible. Although it is taboo to ask candidates about their current salaries, hiring managers can be upfront about the hiring salary range.
In reviewing the applicant’s resume, ask about specific positions that relate to the position you are hiring for. This could include their past responsibilities, what they accomplished and pressures they encountered. It’s ok to ask about any inconsistencies or gaps in employment or education, as there may be a simple explanation. It is also ok to ask the candidate’s reasons for leaving a past or current job.
Give the candidates a chance to ask questions. Their questions can help you assess whether they have adequately prepared for the interview and are genuinely interested in the job.
Whether or not you consider them a contender for the job, finish the full interview. Cutting an interview short courts reputational risk. Also, express gratitude to them for taking the time to interview and, after the fact, communicate promptly with them – even if it’s to send a polite message about how they aren’t moving forward in your process.
Put it in writing!
Never evaluate candidates just on your memory alone. Taking notes during an interview helps employers defend hiring decisions when there are claims of unfair discrimination. It also gives candidates the impression the interview is fair as they see you’re paying attention.
The notes should be professional, non-judgmental, and focused on information that is relevant to the job.·Do not document anything a candidate volunteers regarding his or her protected characteristics. For instance, if one mentions that she is pregnant or is planning to have children soon, this information should not be documented or shared with subsequent interviewers.
Document the business reason why each candidate is or is not qualified for the job. Include sufficient information to determine why the individual was hired or not hired and how the individual stacked up to others. Avoid any conclusions that implicate or are based on a protected characteristic.
Conclusion
Being well prepared and then conducting an interview methodically will help you get the most of the job interview.
First Contact HR helps businesses determine if their recruitment and hiring practices are effective, legal and aligned with industry standards. Our process involves conducting an audit of your current human resource practices and programs, relative to your organization’s strategic plan and goals, and recommending strategies that will support the organization’s goals and objectives.