An Interview And
Selection Process That's Legal
And It Works!
Here's a suggested selection system that will work for almost any position
in any business, large or small. It's economical and it's efficient.
This system will increase your effectiveness of any recruiting processes
by a minimum 225%.
Here's the process:
Initial Quick Screening
This can be done by reviewing résumés, by telephone, or
by e-mail. If the job requires a particular certification, a particular
set of experience, a particular preexisting skill, a particular schedule,
definite degrees of flexibility, specific travel demands, particular transportation,
or something else that is essential and specific, confirm that the candidate
meets that qualification before spending any more time or money.
Brief Interview
This is a 5-15 minute face-to-face greeting. This may also be a brief
telephone interview in some cases, where appropriate. With a high volume
of candidates, this should be done by administrative staff after obtaining
the necessary application paperwork from the candidate. With more select
positions, this would be done by the initial decision maker for the hiring.
This might be the owner in a small business or a personnel staff member
in a large company or anyone in between. The purpose of this brief meeting
is simply to verify that the candidate's initial attitude, grooming, and
verbal skills are acceptable to the existing company standards for that
job. Specific experience can be explored but in depth questions should
be held until later.
Quick Job Match Assessment
If the Brief Interview is satisfactory, the next step in the process
is for the candidate to complete a quick job fit assessment to evaluate
how well their behavioral traits match those required by the job. FirstView™
requires about 10 minutes and has an effective cost of about $10 or less
per use. It accurately assesses core behavioral traits relative to various
jobs and also measures the candidate's reasoning speed. Since it requires
no special training or expert interpretation, FirstView's information
allows you to assess whether the candidate is a good match for your particular
job. FirstView also provides a unique Summary Sheet enabling the employer
to organize information from different parts of the selection process
Drug Testing and Integrity Testing
If appropriate for the jobs in question, these should be done at this
point. This is because these are usually the next least expensive and
accurate part of the process. Also, since a positive drug test or a poor
score on an honesty/integrity test will usually cause an exit from the
candidate pool, expensive interview time should not be invested until
those issues are settled.
The FirstView™ Counter-Productive Behavior Index, for example,
costs $10 and takes 15 minutes or less to complete. Drug testing varies
according to the type of test. There are inexpensive and simple options,
such as chemical strips, that allow for quick reads while a candidate
is on site. More detailed results can be acquired if necessary, after
conditional job offers are made.
Special Note
When companies are faced with low unemployment rates and strong competition
for skilled workers, they are sometimes challenged to find enough candidates
of any quality to fill the open positions. The concept of screening out
any of them may seem unwise. However, the liabilities posed by employees
who fail to meet minimal standards are potentially huge. It is important
to temper the urgent need to fill positions with a conservative caution
to protect the overall business.
Behavioral Event-Based Interview
At this point in the process, the focus changes from screening out unsatisfactory
candidates to selecting the best candidate from those that remain. If
few candidates are available, this process focuses on understanding how
best to use the employees that are hired. This includes understanding
how to compensate for those behaviors that may not match the demands of
the job.
Interviews should always be planned in advance. FirstView provides behavioral
interview questions that are tailored to each candidate and to the job.
This saves the interviewer from having to prepare questions and standardizes
the process for each candidate.
Comprehensive Job Fit Assessment
Depending upon the nature of the position being filled, it may be desirable
to obtain a deeper level of information about candidates for key jobs.
This may be because the jobs are at a high level; because they have high
salaries; because they involve complex responsibilities; or because they
are critical to the profitable operation of the business. The recommended
procedure for candidates at this point, is to administer a more sophisticated
assessment instrument that is designed for this purpose. These kinds of
instruments have detailed cognitive scales of measurement, which can reveal
the candidate's ability to think strategically; think tactically; solve
problems quickly; express ideas at an executive level; think creatively;
deal with abstract concepts; visualize data flows; and more. We have several
assessment that are excellent for this purpose.
In-Depth Interview for Key Positions
At this point, all remaining candidates should be acceptable for the
job, although each may possess a different set of strengths and weaknesses.
It is the purpose of this stage of interviewing to determine which set
of strengths and weaknesses, coupled with different sets of skills and
experience, is best matched to the immediate needs of the business.
Contingent Job Offer
If a job offer is made at this point, it should be contingent upon Background
Checks, Reference Checks, Driving Record Checks, and/or Drug Testing Results
Background Check and Reference Checks
For any job that involves customer contact, driving company vehicles,
safety issues, handling money or valuables, or critical functions of any
kind within the company, background checks are absolutely necessary. Failure
to conduct background checks can be deemed to be a negligent practice
in some cases. The cost is minimal compared to the liability. All references
should be verified also.
Once this assessment information is available, an in-depth interview
is advised. The focus now centers on how the candidates various talents,
abilities, experience, and behavioral competencies can be used within
the company. It should also be the forum for exploring the candidate's
own understanding of particular weaknesses and how those weaknesses could
be handled constructively in the position in question.
Contingent Job Offer
As mentioned earlier, if a job offer is made at this point, it should
be contingent upon Background Checks, Reference Checks, Driving Record
Checks, and/or Drug Testing Results.
This Selection Process is a general recommendation. Each company should
consider its own particular needs and its own situation when devising
its Selection Process. It is important to secure the advice of professional
legal counsel when making these decisions.
Warning
Don't Be Stupid
Unacceptable Questions for Interviews
And Employment Applications
The basic principle in determining the acceptability of any applicant
questions is, can the employer demonstrate a job-related reason for asking
the question? In asking an applicant questions, the interviewer should
decide whether or not the information is really necessary in order to
evaluate the applicant's qualifications, level of skills and overall competence
for the job in question?
Problem areas are those discriminatory questions that inquire about the
applicant's gender, race, age, national origin, or religion. Other problems
arise when female applicants are asked different questions than male applicants,
or married applicants are asked different questions than unmarried applicants.
The Equal Employment Opportunity Commission issued its Pre-employment
Inquiry Guidelines in 1981 and it’s Enforcement Guidance: Pre-employment
Disability-Related Questions and Medical Examinations in 1995. These address
the issue of interview questions which, if used in making a selection
decision, have a discriminatory effect by screening out minority applicants,
female candidates, and older applicants and individuals with a disability,
etc., for the particular job in question.
The following are areas that are deemed to be discriminatory for most
questions:
Race—There are no job-related considerations that would justify
asking an applicant a question based on race.
Religion—There are no job-related considerations that would
justify asking about religious convictions, unless your organization is
a religious institution, which may give preference to individuals of their
own religion.
Gender—Generally, there are no appropriate questions based
on the applicant's gender during the interview process.
Specifically:
Women are no longer protected under state wage/hour laws re: number of
hours worked, lifting restrictions, etc.
It is unlawful to deny a female applicant employment because she is pregnant,
or planning to have a child at some future date.
Questions on marital status, number of children, child care arrangements,
etc. are not appropriate.
Questions as to availability to work should be job-related:
What hours can you work?
What shift(s) can you work?
Can you work on weekends and/or holidays?
Sexual Preference—Under certain state and municipal laws,
there are no permissible questions regarding an applicant's sexual preferences.
Height and/or Weight—These questions may support gender or
national origin discrimination claims unless their relationship to specific
job requirements can be demonstrated.
Age—Under the EEOC's Age Discrimination Interpretive Rules
issued in 1981, as amended, a request for date of birth on the employment
application is permissible, with an appropriate disclaimer shown. In practice,
this is not asked on applications. Any recruiting effort that is age-biased
such as "recent graduate", or any question during the interview
process that deters employment because of age is unlawful. The Age Discrimination
Act of 1967 bars discrimination against persons age 40 or over.
Arrest and Conviction Records—Questions relating to an applicant's
arrest record are improper, while questions of an applicant's conviction
record may be asked, if job related. The Equal Employment Opportunity
Commission and many states prohibit use of arrest records for employment
decisions because they are inherently biased against applicants in protected
classes.
The EEOC has issued a Revised Policy Statement covering the use of conviction
records by employers in making employment decisions:
The employer must establish a business necessity for use of an applicant's
conviction record in its employment decision. In establishing business
necessity, the employer must consider three factors to justify use of
a conviction record:
- Nature and gravity of the offense for which convicted
- Amount of time that has elapsed since the applicant's conviction and
or completion of sentence
- The nature of the job in question as it relates to the nature of the
offense committed
The EEOC's Revised Policy Statement eliminated the existing requirement
that employers consider the applicant's prior employment history along
with rehabilitation efforts, if any. The Revised Policy Statement requires
that the employer consider job-relatedness of the conviction, plus the
lapse of time between the conviction and current job selection process.
National Origin—You may not ask an applicant where they were
born, or where their parents were born. You may ask if the applicant is
eligible to work in the United States.
Financial Status—An interviewer should not ask if the applicant
owns or rents a home or car, or if wages have been previously garnished,
unless financial considerations for the job in question exist. Any employer
who relies on consumer credit reports in its employment process must comply
with the Fair Credit Reporting Act of 1970 and the Consumer Credit Reporting
Reform Act of 1996.
Military Record—You may not ask what type of discharge the
applicant received from military service. You may ask whether or not the
applicant served in the military, period of service, rank at time of discharge,
and type of training and work experience received while in the service.
Disability—You may not ask whether or not the applicant has
a particular disability. You may only ask whether or not the applicant
can perform the duties of the job in question.
Although federal EEO laws do not specifically prohibit any pre-employment
questions, the EEOC does look with "extreme disfavor" on questions
about age, color, disability, national origin, race, religion, gender
or veteran status. Many state fair employment laws do expressly forbid
certain types of questions. Following is a list of some examples of unacceptable
and acceptable questions. This list is not inclusive. All interview questions
should be reviewed by labor and employment counsel before use.
Examples of Acceptable
And Unacceptable Questions
Attendance and Reliability
Unacceptable:
How many children do you have?
Do you have children that are not in school?
Who looks after your children for you?
Where do you go to church?
What religion are you?
Do you have a car?
What kind of car do you have?
Acceptable:
What days and hours can you work?
Are there any specific times that you cannot work?
Do have any responsibilities other than work that will interfere with
specific job requirements such as traveling?
National Origin
Unacceptable:
What country are you from?
Where are your parents from?
What kind of name is that?
What is your maiden name?
What is your native language?
Acceptable:
Are you legally eligible to work in the United States?
Language Skills
Unacceptable
What is your native language? (You may not inquire into how an applicant
acquired the language skills.)
Acceptable
What languages do you speak and write fluently (only if the job requires
additional languages).
Reference Checking
Unacceptable
What is your father's surname?
What are the names of your relatives?
Acceptable
None
Arrest and Conviction
Unacceptable
Have you ever been arrested?
Acceptable
Have you ever been convicted of a crime? If yes, what was the disposition
of the case?
Disabilities
Unacceptable
Do you have any physical disabilities?
Are you being treated for any illnesses?
Acceptable
Can you perform the necessary functions of this job? (You can also ask
for a demonstration of that ability.)
Emergency Contact Information
Unacceptable
What is the name and address of the relative to be notified in case of
an emergency?
Acceptable
What is the name and address of the person to be notified in case of
an emergency? (Request this only after the person has been hired.)
Credit Record
Unacceptable
Do you own your own home?
Have your wages ever been garnished?
Have you ever declared bankruptcy?
Acceptable
None (Credit information may be used if it is acquired in compliance
with the Fair Credit Reporting Act of 1970 and the Consumer Credit Reporting
Reform Act Of 1996.)
Military Record
Unacceptable
What type of discharge did you receive?
Acceptable
What type of education, training, and work experience did you receive
while in the military?
Organizations and Clubs
Unacceptable
What clubs, societies or lodges do you belong to?
Acceptable
The company may inquire into an applicant's membership in organizations
which the applicant considers relevant to their ability to perform job.
Do you belong to the union?
Race
Unacceptable
Any questions regarding the applicant’s complexion or color of skin.
Acceptable
None
Worker’s Compensation
Unacceptable
Have you ever filed a claim for worker's compensation?
Have you ever been injured on the job?
Acceptable
None
Religion
Unacceptable
What is your denomination?
What church do you belong to?
Who is your pastor/priest/minister?
What religious holidays do you observe?
Acceptable
None
Gender
Unacceptable
Do you wish to be addressed as Mr.?, Mrs.?, Miss?, or Ms.?
Acceptable
None
Addresses
Unacceptable
How long have you lived at your current address?
What was your previous address?
How long did you live there?
Acceptable
None
Education
Unacceptable
When did you graduate from high school or college?
Acceptable
Do you have a high school diploma or equivalent?
Do you have a college degree?
Personal
Unacceptable
What color are your eyes?
What color is your hair?
How much do you weigh?
Acceptable
Such questions are only permitted if they are related to a specific job
requirement.
WARNING
This list is not inclusive. All interview questions should be reviewed
by labor and employment counsel before use.
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