{"id":2542,"date":"2016-03-17T10:00:17","date_gmt":"2016-03-17T17:00:17","guid":{"rendered":"https:\/\/berkonomics.com\/?p=2542"},"modified":"2016-03-10T10:18:59","modified_gmt":"2016-03-10T18:18:59","slug":"what-you-cant-ask-in-an-employee-interview","status":"publish","type":"post","link":"https:\/\/berkonomics.com\/?p=2542","title":{"rendered":"What you can\u2019t ask in an employee interview"},"content":{"rendered":"

Dave’s note: \u00a0This week, let’s welcome an expert in employment background checks, Chris Dyer, CEO of PeopleG2, to help us explore one dicey subject that gets lots of entrepreneurs and managers into trouble by being completely unaware of what they cannot ask a candidate in an employment interview. \u00a0Here’s Chris…<\/em><\/p>\n

By Chris Dyer<\/em><\/strong><\/p>\n

Here\u2019s a real warning<\/span> to employers and managers.<\/p>\n

A list of problematic interview questions would stretch to circle the globe at least once, if not twice.\u00a0 So how do we know what questions can<\/em> be asked?<\/p>\n

Let\u2019s break this down into two examples using Bob and John.\u00a0 They are both entrepreneurs leading their \u201cup and coming\u201d technology firm.\u00a0 As the final portion of the hiring process, each of them chooses to interview the candidate personally.\u00a0 Each head of<\/p>\n

\"Interview<\/a>

“A list of problematic interview questions would stretch to circle the globe…”<\/em><\/p><\/div>\n

the company will interview the same candidate, a woman named Sally \u2013 45\u2013years\u2013old, married, with two children.\u00a0 She is a United States citizen, but was born in Spain when her mother was stationed in the U.S. Army.<\/p>\n

Bob begins to ask questions about past experiences, past jobs, and then turns to some personal topics.\u00a0 \u201cWhen did you graduate from college?\u201d\u00a0 \u201cWere you born in the United States?\u201d\u00a0 \u201cHow many children do you have?\u201d\u00a0 \u201cAre you married?\u201d\u00a0 In a separate interview, John asked many of the same questions.\u00a0 However, Bob\u2019s motivation for asking his personal questions was because he wants to hire younger, energetic, and enthusiastic employees. He believes they will work harder, for longer hours, and for less money.\u00a0 Bob believes immigrants are lazy.\u00a0 He is certain that a mother will not focus on her career, missing work to care for her sick child or to attend a parent\u2013teacher conference.<\/p>\n

[Email readers, continue here…] \u00a0<\/em><\/span>John asked the same questions, but for very different reasons.\u00a0 He knew someone who attended Sally\u2019s university and wondered if the two knew each other.\u00a0\u00a0 Based on the military family background, John innocently asked about Sally\u2019s birthplace simply out of curiosity.\u00a0\u00a0 He also asked about her family and marriage, as the company believes in work\/life balance, and celebrates its family\u2013friendly environment.\u00a0 John wanted to know all about Sally to see if she would be a good fit within his corporate structure.<\/p>\n

We can probably agree that Bob is a jerk, and John is a nice guy.\u00a0\u00a0 Nevertheless, both interviewers asked the same questions.\u00a0 Does intent matter?\u00a0 Believe it or not, the answer is no<\/em>.\u00a0 They may both have broken the law.\u00a0 Especially if Sally answered their questions.<\/p>\n

Federal and state governments have what is called \u201cProtected Classes.\u201d\u00a0 At the federal level, examples include protections around race, color, religion, national origin, age (over 40), sex, pregnancy, citizenship, and veteran status.\u00a0 At the state level, additional protections can include genetic information, sexual orientation, AIDS\/HIV, medical conditions, political activities or affiliations, and many more.<\/p>\n

Which classes apply to your company and the applicant are surely questions for a qualified attorney.\u00a0 And understanding what the federal and state restrictions are that apply to your hiring situation can be the best defense you have.\u00a0 If you know the protected areas, you can avoid asking questions like those listed above.<\/p>\n

It will also help you understand other complex situations.\u00a0 For example, assume Sally\u2019s religious beliefs include that she cannot work on Sundays.\u00a0 If the job does not specifically require her to work on Sundays, then questions around this topic would be inappropriate.\u00a0 But, if you were hiring her to manage a team that works with the NFL, and everyone needed to work on Sunday, a careful conversation could occur.\u00a0 \u201cCan you work on Sundays because the job specifically requires this?\u201d could be appropriate.<\/p>\n

From hiring my first employee to the present, I have conducted over 5,000 interviews.\u00a0 I have found that understanding the protected class restrictions is the best way to navigate the complicated process of asking legal questions, while still understanding the applicant and the candidate\u2019s fit with the company.<\/p>\n

So here\u2019s my two cents worth to save lots more over time: develop a good list of questions, ask others in your company to give you feedback, and consider consulting with an employment attorney.\u00a0 Review carefully what you can\u2019t<\/em> ask in an employee interview.<\/p>\n","protected":false},"excerpt":{"rendered":"

Dave’s note: \u00a0This week, let’s welcome an expert in employment background checks, Chris Dyer, CEO of PeopleG2, to help us explore one dicey subject that gets lots of entrepreneurs and managers into trouble by being completely unaware of what they … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"om_disable_all_campaigns":false,"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"_uf_show_specific_survey":0,"_uf_disable_surveys":false,"footnotes":""},"categories":[8,20],"tags":[],"class_list":["post-2542","post","type-post","status-publish","format-standard","hentry","category-depending-upon-others","category-protecting-the-business"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/berkonomics.com\/index.php?rest_route=\/wp\/v2\/posts\/2542","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/berkonomics.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/berkonomics.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/berkonomics.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/berkonomics.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2542"}],"version-history":[{"count":0,"href":"https:\/\/berkonomics.com\/index.php?rest_route=\/wp\/v2\/posts\/2542\/revisions"}],"wp:attachment":[{"href":"https:\/\/berkonomics.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2542"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/berkonomics.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2542"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/berkonomics.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2542"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}