Interviewing 101: conduct a safe, legal interview--and hire the best candidate for your position.

PositionEMPLOYMENTPRACTICES

Employment-related issues have been a legal minefield for employers. Asking the wrong questions during the interview process--or in pre-interview applications--can spell disaster for a company or firm in the form of discrimination lawsuits.

[ILLUSTRATION OMITTED]

The key is being aware of these danger areas and focusing on questions and inquiries that relate directly to the job opening and any job-related skills--and help find that perfect fit.

APPLICATION PROCESS

Besides asking for the standard information in an application (name, address, work history, etc.) an application may ask whether the applicant:

* Has specific qualifications required for the job;

* Will require reasonable accommodation to complete the application process;

* Is of legal age to fill the position; and

* Represents that he or she will be able to provide documents to establish his or her legal right to work in the United States by the time he or she starts.

Further, the applicant should sign an authorization allowing the employer to conduct a background investigation.

WHAT NOT TO ASK

This is not an all-inclusive list, but it does provide some guidance on the kinds of questions to stay away from during the interview process.

* It is inappropriate to ask whether or not somebody's original name has been changed or ask them to identify their maiden name;

* It is illegal to ask questions regarding birthplace of an applicant or spouse, birth-place of applicant's parents or to require that an applicant submit their age, birth certificate or baptismal record;

* Employers cannot ask about an applicant's religious affiliation or race;

* Employers cannot ask for photographs with an application; you may ask for photographs after employment;

* Employers cannot ask the age or date or birth of an applicant. Questions such as "Are you over the age of 18" would be acceptable, however, because there are minimum age requirements for certain federal and state statues;

* Employers may not ask about specific years of attendance or graduation from high school or elementary school because of fear of age discrimination. It is OK to ask for academic, vocational or professional education in the public and private schools attended;

* Any inquiry into whether an applicant is or intends to become a citizen of the United States is inappropriate. All employers can state is, "If hired, can you submit verification of your legal right to work in the United States?"

* Employers may not ask any questions...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT