As an HR Consultant, I am frequently asked questions about good HR business practices. Today, I'm going to touch on interviewing again. This time, though, I'm going to take a moment to talk about the types of interview questions that you should avoid because they are dangerous....in other words, they lead to illegal questioning.
The best rule of thumb is to stick to questions that are directly job related. Use the job description, which should be already written and used as an integral part of the interview, to develop questions. Have the questions pre-prepared before you meet with the candidate.
1. "Are you married?" or "Tell me about your family."
Marital status is not job-related, and asking this is simply asking for problems (such as discrimination based on marital status and/or sexual preference). In addition, it runs into further "dangerous waters" with regard to further discussions around spousal work, plans for having kids, how many kids the applicant may have, potentially to learn about the candidate's need for company-sponsored benefits. Yes, indeed, these are seemingly harmless, but clearly can be trouble just waiting to happen.
2. "What church do you attend?"
Religious preference, in most cases, is not a bonified occupational qualification. You should avoid asking anything at all to do with religion. It is not work-related and invites problems.
3. "How old are you?"
Unless the applicant is under the age of 18 (whereby protected by child labor laws), this question should not be asked whatsoever. Furthermore, avoid trying to circumvent the question by asking the individual when he/she graduated from high school (it easily gives away the individual's age).
4. "So, Ms. Lapekas, what type of name is 'Lapekas' anyways? Is that Greek?"
Again, this is in no way, related to being able to perform the job. It lends itself to potential to discrimination based on ethicity / national origin.
5. "What do you like to do for fun?"
Ok, again, it may seem like a perfectly harmless question on the surface. But, it's not job-related. It's a can of worms waiting to be opened. By asking this, a candidate may feel obligated to answer the question and may reveal information that might potentially lead to discriminatory practices. You may learn information about a candidate that could be used against you if you DON'T hire him.
6. "How do you feel about unions?" or "Have you ever been a member of a union?"
This is very dangerous. Because if the applicant were pro-union, and you elected not to hire him based on this information, you run the risk of discrimination and you'll be getting a little visit from the NLRB. Be aware that the unions employ "salts" to infiltrate a place of work with the agenda of trying organize the place. These salts are also well-trained to know that it's illegal to ask them if they are pro-union or not. Don't step on that rattlesnake -- it will likely bite you.
7. "Do you have any medical problems that I need to be aware of?"
This question is dangerous on multiple levels. For starters, it leads to problems with discrimination based on disability or perceived disability. It also violates health information privacy. What you can (and should) ask is, based on the job description, if the applicant is able to perform the job functions with or without accommodations. But stay away from asking what specific disabilities or medical problems the candidate may have had.
Summary: Stick to questions that are specifically job-related. Some questions are off the beaten path from the job, and should be avoided.
But Kathleen, what happens if an candidate discloses information without me asking? More on that next time....
Kathleen Lapekas - PHR
Action HR Consulting
For Personal Attention to Personnel Matters...
http://www.actionhrconsultant.com/
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