business edge
Avoiding Interviewing Landmines
By Daniel Abramson

In most companies, the days of an untrained interviewer asking whatever comes into his or her head are gone. Applicants know their rights--to be treated equally and fairly in the hiring process. If they are not hired, applicants understandably scrutinize the hiring process for flaws and inequities.

Here's the bottom-line message for owners and managers: Even one illegal question in an interview can become grounds for legal action. Learn the rules of legal interviewing and play by them.

The law relating to what may and may not be asked during an interview is simple. Questions may not be asked for the purpose of discriminating on the basis of race, color, religion, sex, national origin, birthplace, age, or physical disability.

Because laws relating to interviewing change frequently at all levels and states, we recommend that you review these suggested interview questions with your attorney before making them part of your hiring process. Here's a list of some do's and don'ts:

CITIZENSHIP

Prohibited: "Are you a U.S. citizen?"

Permissible: "Are you authorized to work in the U.S.?"

AGE

Prohibited: "How old are you?" "What is your date of birth?" "In what year did you graduate?"

Permissible: "Can you meet the minimum age requirements for the job as set by law?" "Are you over the age of 18?"

FAMILY STATUS/TRAVEL

Prohibited: "Are you married? Engaged? Divorced?" "With whom do you live?" "Do you plan to have a family? When?" "Do you have children?" "What are your childcare arrangements?"

Permissible: "Would you be willing to travel as needed for the job?" This question is ok if it is asked of all job applicants.

"Would you be willing to work overtime as necessary?" This question is ok, if asked of all applicants.

MEDICAL HISTORY

Prohibited: "Do you have any disabilities?" "Please complete the following medical history." "Have you ever been hospitalized? If so, for what condition?" "Have you had a major illness in the last 5 years?" "How many days were you absent from work because of illness last year?""When did you lose your eyesight? How?" "Have you ever been treated for a mental condition?" "Have you ever been treated by a psychiatrist or psychologist? If so, for what condition?" "Are you taking any prescribed drugs?" "Have you ever been treated for drug addiction or alcoholism?"

Permissible: "Are you able to perform the essential functions of this job?" The interviewer must have already thoroughly described the job.

"Can you demonstrate how you would perform the following job-related functions?" "As a part of the hiring process, after a job offer has been made, you will be required to undergo a medical exam."

Exam results must be kept strictly confidential, except medical/safety personnel may be informed if emergency medical treatment is required, and supervisors may be informed about necessary job accommodations, based on exam results.)

Pre-employment questions about illness may not be asked because they may reveal the existence of a disability. However, employers may provide information on its attendance requirements and ask if an applicant will be able to meet these requirements.

DESCENT

Prohibited: "That's an unusual name. Where is it from?"

Permissible: "What is your name?" "Have you ever worked under a different name?"

PERSONAL

Prohibited: How tall are you?" "What is your weight?" Questions about height and weight are not acceptable unless minimum standards are essential for the safe performance of the job.

Permissible: "Are you able to lift a 50-pound weight and carry it 100 yards, as that is part of the job?

AFFILIATIONS

Prohibited: "To what organizations or groups do you belong?"

Permissible: "Are there any professional trade groups or other organizations that you consider relevant to your ability to perform this job?"

ARREST RECORD

Prohibited: "Have you ever been arrested?"

Permissible: "Have you ever been convicted of the following crime?" The crime named should be reasonably related to the performance of the job in question.

MILITARY SERVICE

Prohibited: "If you were in the military, were you honorably discharged?"

Permissible: "In what branch of the Armed Forces did you serve?" "What type of training or education did you receive in the military.

Daniel Abramson, president of Staffdynamics, has been focused on workforce performance issues for more than 25 years. He can be reached at www.staffdynamics.BIZ

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