Navigating Interviews: Questions To Avoid – Part II
We are back with part two of questions to avoid during the interview process. As a reminder, the goal of the interview process is to determine if a candidate has the right skills, knowledge, and aptitude to succeed in a position with your company. The key is to focus on questions that are directly related and relevant to the requirements of the job and determine if the candidate meets the objective criteria for the position. Be sure that you train anyone that will be participating in the interview process at your business. Here are the last six category of questions to avoid during interviews to ensure a fair and compliant hiring process.
1.Arrest or Conviction Records: Avoid asking questions about a candidate's criminal history before a conditional job offer is made. Examples include:
Have you ever been arrested?
What are your prior criminal convictions?
Have you ever attended a protest/demonstration?
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Why Avoid: There are no federal protections for discrimination against people with a criminal record. However, many states and municipalities have increased legislation in the past several years prohibiting discrimination against candidates with criminal convictions to give these candidates a fair shot at gainful employment. Some states have gone so far as to prohibit employers from asking on an application if they have been convicted of a crime. These are called “ban the box” regulations and in 1998, Hawaii was the first state to pass this type of policy. Such inquiries may be perceived as discriminatory. Only consider criminal history post-offer, if relevant to the role.
2. Salary History: Avoid asking questions about a candidate's current or past salary. Examples include:
When did you get your first job?
How much were you offered for your first job out of high school/college?
At your last job, what was your salary/hourly rate?
Why Avoid: The Equal Pay Act of 1963 requires that men and women in the same workplace be given equal pay for equal work. Salary history inquiries perpetuate wage gaps. Focus on determining the candidate's salary expectations for the current role. Some states and municipalities have pushed the envelope further in prohibiting employers from asking candidates on an application about salary history as well. Focus on offering candidates a fair wage based on their experience, skills, and abilities or their salary expectations.
Many states and municipalities have increased legislation in the past several years prohibiting discrimination against candidates with criminal convictions to give these candidates a fair shot at gainful employment.
3. Personal Appearance: Avoid asking questions about a candidate's appearance. Examples include:
Where do you get your [insert any color here] eyes from?
Did you inherit your mom or dad’s hair texture/curl pattern/color?
Are you a natural red-head or did you dye your hair red?
How do you get your hair curly/in braids/in an afro?
Why Avoid: As of 2019, the C.R.O.W.N. (Creating a Respectful and Open World for Natural Hair) Act is a new piece of legislation passed first by California prohibiting discrimination based on an individual’s hair texture or hairstyle. Since then, several states and municipalities prohibit discrimination based on an individual’s hair texture or hairstyle. These questions can be discriminatory and are not relevant to a candidate's ability to perform the job.
4. Military History: Avoid inquiries regarding confidential details about a candidate’s time spent in the military. Examples include:
Can you provide a copy of your military records?
What other country have you served in the military for?
What type of military discharge do you have?
Have you ever killed someone?
Why Avoid: These questions can be discriminatory and are not relevant to a candidate's ability to perform the job. Focus on asking questions regarding the candidate’s transferable skills from the miliary that are relevant to the job.
5. Name: Avoid asking questions about the origin of a candidate’s name. Examples include:
Is your name British/Native American/South Pacific?
Why did your last name change?
What is your maiden name?
What was your name before you legally changed it?
Why Avoid: As mentioned in the last blog, Title VII of the Civil Rights Act of 1964 prohibits discrimination based on several protected classes. Answers to these questions can reveal information about religious beliefs, gender, marital status, or other personal information about a candidate that can be discriminatory. Most importantly, they are not relevant to a candidate's ability to perform the job.
6. Organizations/Social Life: Avoid asking questions about the organizations a candidate belongs, unless relevant to the job, or personal life. Examples include:
What fraternities/sororities do you belong?
What local clubs are you a member of?
What are the qualifications to get in that organization?
Do you like to drink or smoke/vape/enjoy cigars?
Would you be open to attending regularly scheduled happy hours with the team?
Why Avoid: Again, these questions can be discriminatory and are not relevant to a candidate's ability to perform the job.
Conclusion
Creating an equitable and inclusive hiring atmosphere is essential. Avoiding these illegal questions not only ensures compliance with legal regulations but also creates a positive candidate experience. Prioritize the assessment of skills, qualifications, and values alignment to assemble a team that reflects your small business’ vision and values. The inclusion of such questions can introduce bias, compromising the integrity of the selection process. By adopting a respectful and lawful interview approach, you establish the groundwork for a workplace culture that is diverse, dynamic, and conducive to success.
Disclaimer: The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information.
