A Guide to Interviewing

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A Guide to Interviewing

• Tips for Employers on Asking Questions During An
  Employment Interview

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Interviews

• Interviewing job candidates is one of the most
  important tasks a supervisor performs
• Interviewing is an important tool in the
  selection process
• Interviewing helps identify those candidates that
  will meet expectations and be a true asset to you
  and your organization

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Tips For Getting Ready to Interview

• Always have a written job description that
  contains not only important and daily job
  functions, but any physical requirements as well
• Prepare written interview questions

• Use the same questions for all applicants
• Never require a photo with an application unless
  integral to the job (model, actor, etc)

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Remember!

• There are state and federal laws that make
  asking certain kinds of questions illegal!
• Misusing the interview process can be very
  costly to you and your employer.

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Both federal and state laws prohibit
discrimination against someone based on race,
age, gender, disability, religion or national
origin.

• In the past, pre-employment screening, including
  interview questions, have been used to screen out
  certain groups protected by these laws. Now,
  interview questions can be closely examined in
  discrimination cases for evidence that certain
  groups were excluded from employment.

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• The Title VII of the Civil Rights Act of 1964,
  The Age Discrimination in Employment Act of 1967
  and the Arkansas Civil Rights Act make it illegal
  to discriminate based on race, gender, age or
  national origin in hiring of employees.
• Other laws protecting employees are the
  Immigration Reform and Control Act (IRCA) and the
  Americans with Disabilities Act.

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THE FOLLOWING INFORMATION IS A GUIDE TO WHAT YOU
SHOULD AND SHOULD NOT ASK DURING AN INTERVIEW AND
THE REASONS WHY

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I.RACE OR NATIONAL ORIGIN

• Interview questions or job requirements that have
  the effect of screening out applicants based on
  race or national origin violate Title VII of the
  Civil Rights Act.

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• You should not ask questions that identify
  someones race or national origin. The use of
  such questions could mean certain groups were
  excluded from employment and could be evidence of
  discrimination.

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Do Not Ask Do Not Ask

• Are you a U.S. citizen?
• Are your relatives U.S. citizens?
• Where were you born?
• Is English your native language?
• Where were your parents born?

• Have you ever been arrested?
• List the groups of which you are a member.
• What is your ethnicity?
• Do you own or rent your home?
• What is the nationality, racial or religious
  affiliation of the school you attended.

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Do Ask

• Are you authorized to work in the United States?
• What languages do you speak fluently (only if
  this directly relates or is a requirement of the
  job)
• Do you belong to any professional or trade groups
  relevant to your trade or profession?

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Employers should not use questions concerning
arrest records.

• The Equal Employment Opportunity Commission has
  found that such questions have the effect of
  disproportionately excluding minorities from
  employment and that being arrested is not
  conclusive evidence that the applicant has taken
  part in the illegal activity.
• Conviction records may be used to exclude an
  applicant if the employer can show a business
  necessity for the exclusion.

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• Business necessity may be shown if the applicant
  engaged in conduct which is particularly
  egregious or related to the position in question.
  

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Employers may use information about race for
affirmative action purposes by keeping those
questions separate from the application.

• Some employers use a tear-off portion to separate
  that information, so the interviewer does not use
  it in the selection process.

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II.AGE

• Federal law prohibits discrimination based on
  age. Persons aged 40 and over are in the class
  protected from age discrimination.

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Do Not Ask

• How old are you?
• When did you graduate from college?
• Do you plan to retire soon?

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Do Ask

• Are you over the age of eighteen?
• There are no valid age related questions, so
  always avoid them!

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III. GENDER OR PREGNANCY DISCRIMINATION

• Employers may not have gender restrictions or
  prohibitions from hiring pregnant workers.
• Employers may have reasonable physical
  requirements or attendance requirements for a
  job, but may not limit the job by gender.
• Employers may not refuse to hire someone
  because of the prejudices or dislikes of
  co-workers, clients or customers.

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Do Not Ask

• What is your marital status?
• Do you plan to have children?
• Do you have children?
• Will your children interfere with your job?

• Are you pregnant?
• Give the names and relationships of persons with
  whom you live.
• Can you keep up with the men?

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Do Ask

• Will you have a problem beginning work at 730
  a.m.?
• This job entails frequent overtime or schedule
  changes will you be able to meet those
  requirements?

• Travel is an important part of the job. Would
  you be willing to travel as necessary?
• Do you have relatives employed with this company?
• Where may I contact you?

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Ask questions about an applicants abilities.
Ask the same questions to all applicants!

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Remember!Unless you can show a legitimate
business need, DO NOT ASK for a photograph prior
to hiring

• Asking for a photograph from applicants without a
  legitimate business need could also be used as
  evidence of racial, national origin or age
  discrimination.

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IV. RELIGION

• It is illegal to discriminate based on religion
  or religious preferences. This includes giving
  preference in hiring to those sharing your
  religion.

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Do Not Ask

• Any questions that directly or indirectly relate
  to religion.
• What religious holidays do you observe?
• What is your religious affiliation?

• Are there any foods you cannot eat?
• Do you have a problem working with Protestants?
  or Catholics, Muslims, etc.)
• Where do you go to church?

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Do Ask

• What days are you available to work?
• Always explain any special safety requirements
  and ask if they have any problems with
  compliance.
• Safety requirements must be legitimate!

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V. UNION MEMBERSHIP

• Never ask applicant if they are a member of a
  union. Arkansas law specifically prohibits
  refusing to employ someone based on their
  membership or non-membership in a labor union.

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VI. MILITARY

• Never ask any question relating to the type of
  discharge from the military or request discharge
  papers.
• You may ask about job related training, education
  or experience that an applicant had in the
  military.

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VII. DISABILITY

• The American With Disabilities Act (ADA)
  protects workers with disabilities, who are
  otherwise able to perform work, from
  discrimination in employment. Under this law,
  there are limits to what an employer may ask, or
  what disability-related inquiries an employer
  may make.

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What is a disability-related inquiry?

• - A question or series of questions likely to
  elicit information about a disability. Such
  questions are prohibited during the hiring
  process.
• Additionally, the ADA prohibits pre-offer
  medical examinations.

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Do Not Ask

• Examples of disability-related questions
• - Do you have any handicaps?
• -Have you ever filed a workers compensation
  claim?
• -How often were you off sick at your last job?
• -Have you been hospitalized in the last five
  years?
• -Are you currently taking any medicine?

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Do Not Ask

• More examples of disability-related questions
• - Are you an alcoholic?
• - Do you have AIDS?
• - Are you fit for work?

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Do Ask

• Do ask questions related to the physical
  requirements of the job. Be sure you ask the
  same question to all applicants and that the
  physical requirements are a part of the written
  job description. Most importantly make sure the
  physical requirements reasonably relate to the
  job.

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Do Ask

• Examples of permitted questions
• -Asking an applicant if he or she can lift 20
  lbs, if that requirement is integral to the job.
• -Asking an applicant if they are currently
  using illegal drugs.
• -Outline the physical requirements of the job
  and ask if they can perform those functions.

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• Outline the physical requirements of the job
  and ask the applicant if they can perform those
  functions- can you sit for long periods of time?
  Can you drive frequently? Can you lift or carry
  10 lbs every day?

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Employers MAY ask disability-related questions
and require medical exams after an offer of
employment, but before the applicant begins work.

• Employers may make disability-related inquiries
  at this time and conduct medical examinations, as
  long as the employer does the same for all
  employees in the same job category.

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REMEMBER!

• You MUST keep all medical information
  CONFIDENTIAL.
• Additionally, Arkansas law requires that the
  employer bear the cost of any medical testing and
  that a copy of the test results be provided free
  of charge to the applicant.

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What are Medical Exams?

• Vision tests
• Blood, urine and breath analyses
• Blood pressure screening and cholesterol testing
• Nerve conduction tests

• Pulmonary function tests
• Psychological tests
• Diagnostic procedures such as x-rays, CAT scans
  and MRIs

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These are not considered medical tests and may be
used as long as required of ALL applicants for a
certain job classification and are reasonably
related to the job.

• Tests for current use of illegal drugs
• Physical agility tests
• Tests to evaluate employees ability to read
  labels or distinguish objects

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• Current employees who apply for a new job with
  the same employer are regarded as applicants and
  the same pre-employment restrictions apply.
• Employees selected in a noncompetitive way such
  as seniority, do not have to be treated as
  applicants

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VIII. POLYGRAPHS

• The Employee Polygraph Protection Act prohibits
  most private employers from using lie detector
  tests for pre-employment screening.
• The Act prohibits private employers from
  discriminating against applicants who refuse to
  take a test.

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IX. JOB REFERENCES

• Arkansas law sets out what may be discussed about
  a former employee.
• Former employers should not make statements that
  are false or made with the sole intent of
  interfering with someones employment.

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• Arkansas Code Annotated 11-3-204 sets out the
  rules for providing references to prospective
  employers.
• There is a presumption of good faith when a
  former employer makes disclosures about an
  applicant if the disclosures are done according
  to the statutes guidelines.

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The following may be disclosed upon receipt of
written consent signed by the current or former
employee

• Date and duration of employment
• Last rate of pay and wage history
• Job description and duties
• Last performance evaluation prepared prior to the
  request
• If the employee is eligible for rehire.

• Attendance information
• Results of drug or alcohol tests administered
  within (1) year prior to the request
• Threats of violence, harassing acts, or
  threatening behavior related to the workplace or
  directed at another employee
• Why the employee left employment

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• The presumption of good faith can be rebutted by
  showing the employers statements were false or
  given with malice and reckless disregard for the
  truth.
• The consent is only good for six months or as
  long as the application.

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• YOU MUST REMEMBER THAT BECAUSE A QUESTION MAY BE
  PROPER UNDER ARKANSAS LAW, DOES NOT MEAN
• THE QUESTION IS PROPER UNDER FEDERAL LAW, OR
  VICE VERSA!
• ALWAYS FOLLOW THE MOST RESTRICTIVE GUIDELINES!

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X. CONCLUSION

• -Your goal is to select the best candidate
  for the job.
• -Base your questions on written job
  descriptions and always advertise preferences-
  example preference given for those with at least
  three years of job-related experience.
• - Always ask the same questions of all
  applicants, use prepared interview questions and
  keep a copy of those questions.
• - Make sure you have written job descriptions
  that contain any physical requirements for all
  current jobs.
• - Make sure your requirements reasonably relate
  to the job and meet the business necessity
  standards of federal law.

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RESOURCES

• Equal Employment Opportunity Commission
• www.eeoc.gov or 501-324-5060 (Little Rock)
• Arkansas Department of Labor
• www.arkansas.gov/labor or 501-682-4500
• United States Department of Labor
• www.dol.gov or 501-223-9114.