Hiring Guidelines

SOME ADVICE FOR HIRING MANAGER AND INTERVIEWERS...

As an interviewer you may find the following information regarding interviewing and reference checking helpful.  Sometimes the rules can be confusing and this is our attempt at helping you sort through some of the rules, to protect yourself and your company.

QUESTIONS ON THE APPLICATION OR DURING THE INTERVIEW

Here are some examples of possible interview questions with examples of what you are allowed to ask and not allowed to ask.

Name

You are allowed to ask an applicant their name and also if there is any recent name changes that may be needed in reference checking.

Birthplace and Residence

You are allowed to ask an applicant their current residence and length of time at that residence.  You are not allowed to ask the applicant their birthplace because you could use it to discriminate on the basis of national origin.

Creed or Religion

You are not allowed to ask an applicant questions about church membership or observance of religious holidays.

Race or Color

You may not ask about race or color during and interview or on the application.  You also should not require photographs of an applicant during the interviewing process.  Photos are only permissible after someone has been hired for identification purposes.

Citizenship

You may inquire whether or not the person is a citizen or if they have the legal right to remain permanently in the United States and to work here.   You cannot, however, ask what country the individual is from or if they are a naturalized citizen.

Languages

If it is job related, you are allowed to ask an applicant if they speak a second language.

Child Care

Questions related to children and arrangements for childcare should be avoided.  You are also not allowed to ask if an applicant has future plans for marriage and/or a family.

Age

You are never allowed to ask an applicant their age unless the applicant is under 40 and is required to meet an age requirement for a particular position.

Height & Weight

Since this information is not really important in office related work, these questions should never be asked.

Arrest Record

You should not ask an applicant if they have been arrested.  If your company conducts a background investigation as a condition of employment, you need to tell all the applicants about the investigation at the beginning of the interview process and explain what negative information in the investigation may disqualify them for employment.  For example, many financial institutions require their employees to be bonded as a condition of employment.

Here are some sample questions that you are allowed to ask that may give you important information about the applicant's suitability for a position.

--How do you intend to get to work?

--Do you have the legal right to work in the US?

--Are you willing to relocate?

--Do you have any family or health constraints that would prevent you from working consistently or overtime.  (This is especially important for a position that requires heavy OT as people who are caring for an aged parent or small children may not be able to be available do work past a certain time.)

--Are there any other names under which your employment can be verified?

--Do you speak a second language?

Here are some sample questions you are not allowed to ask:

--What is your nationality or that of your family?

--How did you learn to speak a foreign language?

--What religious holidays do you observe?

--Do you plan to marry?

--Do you plan to have children and if so who will care for them?

REFERENCE CHECKING

Reference checking can be tricky both for the former employer giving the reference and for the company checking the reference.  Here is some information on reference checking you may find helpful:

The rules of reference checking fall under the Fair Credit Reporting Act.  This act says that anybody engaged in checking references is compiling an "investigative consumer report" which is defined as "any written, oral, or other communication of any information by the consumer reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for.... employment purposes..."

The basic rules are these:

You cannot check a reference without the applicant's permission (preferably in writing).  This permission is easily obtained by having a paragraph in your application giving you permission to check references and having the applicant sign or initial that paragraph specifically when they are filling out the application prior to your first meeting.

If the information obtained from the public record is adverse the applicant must be notified and be given the opportunity to dispute information that may be incorrect.

If you are giving a reference, the only thing you are required to provide is a verification of dates of employment and the individual's title at the time they left your employ.  You are not permitted to discuss the details of the individual's departure from the firm, no matter what the reason.

It is important to be careful in giving a reference because if someone is denied employment because of a bad reference, the applicant can bring a legal action against the firm giving the bad reference.  Many Human Resources professionals now encourage individuals in their companies not to give out information about former employees, but rather refer the reference seekers to Human Resources.   Since Human Resources understands the rules of reference checking this practice can be your best insurance policy against potential problems.

The above information was obtained from The Certified Personnel Consultants' Legal Manual written by Robert P. Style, Esq. and published in 1989.

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