Kirk & Simas -- A Professional Law Corporation
 
 
 
 
DON'T GET PERSONAL:
What Topics to Avoid When Interviewing
 
(Written by Office Administrator, Kristin Brown, this article originally appeared in the April 3, 2006 edition
of the KIRK & SIMAS Small Business Reporter — Volume 12, No. 1)
 
Question:   After a year and a half in business, I am finally ready to hire my first two employees. What can I ask applicants for these positions and what should I be careful not to say to those who answer our ad? I know there are a lot of laws that are aimed at preventing discrimination and I am not familiar with them except in a general way. Can you review some interviewing dos and don’ts for me?

What Am I Looking For?:  The first step is to become clear about what you are looking for. The more specific you can be in your list of essential duties and the minimum requirements for the job, the clearer your questioning will be. With the growth in popularity of phone screening as a prerequisite to the in-person interview, this clarity becomes even more critical to finding the right person and in avoiding unrelated and potentially discriminatory questions.

As a general rule, you will be safe in focusing your conversation on the job, your company, and the individual’s qualifications and related work experience. People tend to get into trouble when they get off into more personal and unrelated territory. The anti-discrimination laws are designed to protected job applicants from being turned away from opportunities due to reasons that are unrelated to their ability to do the job, such as their gender, their age or any disability unrelated to job performance.

Here are some taboo topics before the person is hired:
 
    •  Age (except, are you 18 or younger?);
    •  Marital Status and questions about spouse;
    •  Children and child care arrangements;
    •  Pregnancy (or plans for);
    •  Arrests;
    •  Ancestry or national origin;
    •  Race;
    •  Sexual orientation;
    •  Religion;
    •  Disabilities (visible or unseen);
    •  Bankruptcies or garnishments.

Keep Things Professional: Keep conversations friendly without probing into the personal areas listed above. During the interview, applicants sometimes will offer personal information that may be helpful, but do not fall into the trap of pursuing the subject too deeply. For example, an applicant might say, "My mother-in-law lives with us and takes care of my two children when I am working, so day care is not a problem for me." Reply: "Then you will be able to work the daily 10 a.m. to 6 p.m. schedule that the position requires?" I mentioned that different rules apply after an applicant accepts an offer. When someone becomes an employee of your company, you then have the right to much more personal information, because it no longer affects the employment decision.

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