Interviewing and Hiring Lawfully

Why train?

Employers who fail to train employees on lawful interviewing and hiring risk legal liability. The U.S. Supreme Court case, Kolstad v. American Dental Association, and subsequent cases have made clear that employers should train their employees how to avoid discrimination in the hiring processes. Indeed, in Matthis v. Phillips Chevrolet, Inc., the Seventh Circuit Court of Appeals ruled that an employer’s failure to train supervisors how to avoid discrimination in the hiring process amounts to “reckless indifference” such that damages to punish the employer should be awarded.

Who should receive training?

All human resource professionals, supervisors, and managers should be required to take interviewing and hiring training. In addition, any non-supervisory employee who is asked to interview an applicant or otherwise participate in the hiring process should be required to take this type of training.

Training should include practical skills for lawful and effective interviewing of applicants, such as:

• Effectively interviewing applicants to determine their qualifications for the job using behavioral-based interviewing techniques
• Avoiding unlawful or poorly phrased questions and comments during the interview
• Selecting the best candidate and properly document the selection

Interview Critique

One of your colleagues, Kelsey, recently interviewed an applicant for an open administrative assistant position. You watch the interview and decide if any of Kelsey’s questions or comments was potentially unlawful, or lawful but poorly phrased.  For example, a few of Kelsey’s questions are listed below.  Can you identify which ones are inappropriate and why?

• Can I ask you how to pronounce your last name?
• Why don’t you tell me a little about yourself?
• My sister went to Lexington High School also.  What year did you graduate?
• Are you a US Citizen?
• Would you describe yourself as an organized person?
• Have you ever been arrested or convicted?
• Will your spouse be able to look after your children when you travel?
• Have you ever used drugs?
• How much are you making at your current job?

Note taking

Well-taken interview notes allow you to later compare the strengths and weaknesses of each candidate. They can also help your decision to not hire a particular applicant if you are ever sued. However, inappropriate, or poorly written notes can be used against your organization in a subsequent lawsuit. In this section, you are asked to critique Kelsey’s interview notes.