Interviewing and Hiring Lawfully
Individuals from diverse teams build dynamic teams. Help your teams navigate the interview process without the interference of discrimination to find the best talent for your business.
Better everyday decisions
Win the best candidates and build a successful team by empowering your employees to conduct fair and balanced interviews.
The course covers a variety of topics, including:
- What questions to ask in an interview and which to avoid
- How seemingly ordinary questions may raise discrimination concerns
- How to prepare for an interview
- How to ensure a fair and consistent hiring process
- Note taking and recordkeeping
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
Interviewing and Hiring Lawfully
Traliant’s Interviewing and Hiring Lawfully training is a 30-minute course that teaches practical skills for lawfully and effectively interviewing applicants for hire or promotion. Course users learn how to interview effectively, avoid unlawful questions or comments during an interview and select the best candidate.
This course is part of the Employment Law Fundamentals Certificate Program which gives managers the practical information they need to comply with the complex web of employment laws. This program consists of the following self-paced online courses:
- Interviewing and Hiring Lawfully (30 minutes)
- Wage and Hour Fundamentals (25 minutes)
- Disability, Pregnancy, and Religious Accommodations (25 minutes)
- Family, Medical, and Other Protected Leave (FMLA) (25 minutes)
The best way to learn is by doing. Through a series of scenarios and interactive exercises, users learn practical skills for conducting effective and lawful interviews and for properly documenting their interviews and hiring decisions. Two of the interactive exercises from the course are described below.
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?
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.
The Traliant Difference
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Accessible to Users with Disabilities
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The Traliant difference
Our modern, interactive approach to online compliance training is designed to help organizations create a safe, ethical and inclusive work culture. Traliant courses are mobile-optimized for access on any device and can be easily customized to reflect your organization’s policies, culture, branding and leadership message.Learn more about our training methodology
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