Conducting Job Interviews
Find out if job applicants are qualified -- but don't ask questions that could get you into legal trouble.
The spontaneous and unpredictable nature of the job interview can create hidden traps for the unwary employer. Things that you say with the most innocent intent can be misconstrued as prejudicial -- or used later as fodder for a lawsuit.
For example, a casual discussion about a female applicant's upcoming marriage could lead you to ask whether she plans to have children -- which could lead the applicant to believe that you discriminated against her based on gender if she doesn't get the job. Or, your optimistic prediction about the company's future success might convince an applicant to take the job -- and to later sue you for making false promises, after he is laid off when the company faces an economic downturn.
Three Rules to Abide By
The interview does not have to be such a perilous place, however. If you follow three simple rules, you should avoid legal trouble:
- Don't ask about anything that the law prohibits you from considering in making your decision. For example, don't ask about an applicant's race or religion, because you are not allowed to consider these factors in making your decision. The chart below provides some ideas on how to get information you need while staying within the bounds of the law. And don't panic if an applicant raises a delicate subject -- such as disability or national origin -- without any prompting from you. You can't raise such subjects, but the applicant can.
- Respect the applicant's privacy. Although federal law does not require you to do so, many state laws and rules of etiquette do.
- Don't make promises you can't keep. If you exaggerate your company's prospects in an effort to sell the applicant on your business, and the applicant accepts the job because of those statements, you might face a lawsuit for fraud. And, if you make promises about job security -- for example, that the company doesn't fire employees who are performing well -- you will have to keep them, or risk a lawsuit for breach of contract.
Once you know about these pitfalls, it's not that difficult to stay on the right side of the law. As long you focus on the applicant's ability to do the job (that is, don't ask about prohibited topics) and are truthful (that is, don't tell the applicant anything false or misleading), you'll do just fine.
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