Navigating Interviews: Questions You Can Ask – Part I
As we emphasized in the previous blog post, the goal of the interview process is to determine if a candidate has the right skills, knowledge, and aptitude (KSAs) 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 to avoid discrimination against the candidate.
Discrimination occurs when a candidate believes they were treated different as a result of a hiring manager asking a question about a personal characteristic that is not relevant to a job.
In this two-part series, we'll guide small business owners, entrepreneurs, and anyone involved in an interview through the questions you are allowed to ask to help determine if someone would be a fit for your role and ensure you are being lawful in your interview process. Let's delve into the first six categories of questions to ensure a comprehensive and lawful interview process.
1.Age: When age is a job requirement, such as in roles involving minors, it's crucial to frame the question within legal boundaries.
Ensure consistency in asking this question to all candidates. Typically, employers avoid hiring individuals under the age of 18 due to liability reasons and that is acceptable. An example question to ask on an employment application is: “The minimum age to work here is X. Are you at least X years of age?” If the candidate is not at least 18, you may decline considering them for the position.
2. Ancestry/Birthplace/National Origin: Many positions in the U.S. require candidates to provide proof of the right to work in the U.S.
Best practice is to ask proof of the right to work on an employment application. If necessary to ask during the interview, the same question must be asked of all candidates consistently and avoid directly asking about U.S. citizenship since you are not required to be a citizen to work in the U.S.
If speaking a specific language is a requirement to interact with customers or clients, it is acceptable to ask: “Are you able to understand, speak, and write in the predominant language of our customers?”
3. Criminal Record: No questions may be asked of a candidate about their arrest or conviction record during the interview process.
Best practice is to ask on an employment application or in person, “Are you willing to undergo a criminal background check as part of the screening process.”
If necessary to ask during the interview, the same question must be asked of all candidates consistently and do not ask about arrest or conviction records. If applicable to the job, reserve detailed inquiries for post-offer stage after discovered during a background check.
4. Disabilities: The rule of thumb is to avoid probing into potential disabilities during the interview.
Instead, communicate the position’s essential functions on the employment application and inquire about the candidate’s ability to perform them. An example question is, “Are you able to perform the job with or without a reasonable accommodation?”
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…
If necessary to ask during the interview, the same question must be asked of all candidates (not just candidates that you perceive to have a disability) consistently and do not directly ask about a disability.
If a candidate asks for an accommodation, then you may engage in the Americans with Disabilities Act (ADA) interactive process to determine if the candidate’s accommodation can be made. Sometimes a candidate will volunteer information about a disability. At this time, you may redirect to ask, “Are you able to perform the job with or without a reasonable accommodation?” This is the only question that should be asked during the interview process regarding disability.
5. Education: Tailor questions to extract relevant information for the job.
Education-related questions can provide valuable insights into a candidate’s skills. Examples include:
What academic, professional, or vocational schools did you attend?
What type of degree(s) did you earn?
Describe your writing/verbal aptitude in the predominant language of our customers.
What software and hardware skills do you have that are relevant to the job?
6. Family & Relatives: To address potential conflicts of interest, it’s acceptable to inquire about relatives’ employment in terms of competitors.
Considering policies related to nepotism and Non-Disclosure Agreements (NDA), you may ask . Acceptable questions are:
Have you or a relative signed an NDA that would affect your employment here?
Do you have any relatives currently employed by our company or a competitor?
Has a relative ever worked for our company?
Who referred you to this position?
Conclusion
Click below to read Part II, where we explore additional categories of questions to legally conduct the interview process!
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