Interviewing: How to Stay Out of legal Hot Water

Some interviewers ask great questions; others ask dumb questions; and, worst of all, some ask questions that can get them into 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).
• "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.

Marcia Zidle, the 'people smarts' coach, works with business leaders to quickly solve their people management headaches so they can concentrate on their #1 job ­ to grow and increase profits. She offers free help through Leadership Briefing, a weekly e-newsletter with practical tips on leadership style, employee motivation, recruitment and retention and relationship management. Subscribe by going to http://leadershiphooks.com/ and get the bonus report "61 Leadership Time Savers and Life Savers". Marcia is the author of the What Really Works Handbooks ­ resources for managers on the front line and the Power-by-the-Hour programs ­ fast, convenient, real life, affordable courses for leadership and staff development. She is available for media interviews, conference presentations and panel discussions on the hottest issues affecting the workplace today. Contact Marcia at 800-971-7619.

---

Tales from the Corporate Frontlines: A New Managers Tale

This article relates to the Manager/Supervisor competency, commonly evaluated in... Read More

Why Businesses Need to Start Nurturing Collective Wisdom

COLLECTIVE WISDOM CAN BE AN effective tool for solving the... Read More

Making Your Workers Your Partners

There is an inherent conflict between owners and managers of... Read More

Travel the World - for Free!

I have been very fortunate to travel to several countries... Read More

How To Write Commercial Collections Letters

It is sometimes valuable to bring the sales manager into... Read More

CEO: The Key To Fix ingThe Marketing/Sales Collaboration Problem

We all know that achieving better alignment, synergy and cooperation... Read More

Turning a Negative Employee Into a Positive Asset

Several years ago, I took over the supervision of a... Read More

Computer Consulting Profit Secrets

Do you own or manage a computer consulting company? Are... Read More

Motivating For Higher Performance

Employee motivation is probably the most important single manageable factor... Read More

Compensation and Six Sigma Black Belts

One of the more ambiguous elements of a Six Sigma... Read More

Effective Ways to Give Performance Feedback

Consequences of Not Giving Effective FeedbackLet's take a look at... Read More

Turnaround or Terminate? How to Deal with Problem Employees

Do you struggle with a "problem" employee? If so, join... Read More

Bye-Bye Boring Meetings! Make Yours Remarkable!

It's the middle of the night. You've woken up with... Read More

Tales from the Corporate Frontlines: Finding The Perfect Balance

This article relates to the Work/Life Balance competency, which investigates... Read More

The Seven Essentials of Business Communication

There are seven essential elements to successful business communication:StructureClarityConsistencyMediumRelevancyPrimacy/RecencyPsychological Rule... Read More

Must Project Managers Be Technically Savvy?

"Must Project Managers be technically savvy?" This topic always seems... Read More

Make Them GLAD Youre Their Boss

Criticism has the power to do good when there is... Read More

To Thine Own Self Be True--Its Better for Business: What Arthur Andersen Would Say to His Company

As a child, you probably heard, "to thine own self... Read More

Thoughts on Empowerment

People are empowered when they are given the authority and... Read More

Creativity and Innovation Directors, Consultants and Managers

Creativity and Innovation is essential for competitive advantage, yet the... Read More

Six Sigma Training 101 ? Better Management Basics

What is Six Sigma?Six Sigma is a quality management program... Read More

Executives and Emotional Self Awareness

A major problem impairing an executive's performance is his Emotional... Read More

Successful Business Decision Making

Some people make decisions without any difficulty, while others struggle.... Read More

Five Ways to Increase Profitability By Doing The Right Thing

1. Base your business in the Magic Triangle. Honesty, integrity,... Read More

Uncovering the Secrets to Effective Performance Management

In many ways there are no secrets to implementing effective... Read More

Innovation Management ? how will we make the go or kill decisions?

Creativity can be defined as problem identification and idea generation... Read More

Tales from the Corporate Frontlines: Senior Management and Directional Change

This article relates to the Senior/Top Level management of an... Read More

Re-Discovery Procedures for Building Effective Management Systems: Phase V

Now we turn the corner to our final phase: Re-Discovery.Last... Read More

Performance Appraisal - Ten Stupid Things Managers Do To Screw It Up

Performance appraisals aren't fun. But a lot of the time... Read More

How To Delegate for Fun and Profit

Ah, the wretched pain of delegation. It comes easy to... Read More

Train Me -- But Follow Through

My mechanic has me trained. When I take my car... Read More

Problem-Solving Success Tip: Test Your Assumptions About Everything

Test your assumptions about everything.Assumptions have a way of creeping... Read More

Online Business Peace of Mind

Is your online business disaster-proof? Online businesses face a unique... Read More