Interview Tips
Hiring Do’s and Don’ts
Questions to Avoid
The EEOC publishes a manual titled Employer EEO Responsibilities. What follows
are a number of topics to avoid in interviews. Some of the questions below
are not discriminatory per se, but would trigger close scrutiny by the
EEOC because they could be evidence of a discriminatory motive.
- Do you have children under age 18? What are your plans for childcare?
Questions such as these could be viewed as discriminatory against women
if the employer asks them only of women. In addition, federal law prohibits
employers from making pre-employment inquiries into childcare arrangements.
- Do you have a credit record? Rejecting an applicant because of
a poor credit rating tends to have a disproportionately negative impact
on minority groups. Questions along these lines are unlawful unless there
is
a business necessity for knowing the answers. These questions may also
have a disproportionately negative impact on women because many married women
do not have an independent credit history.
- Are you pregnant? Do you plan to have children? Employers should
avoid asking any questions regarding pregnancy or childbearing plans
because discrimination based on pregnancy is unlawful under Title VII.
- Have you ever been arrested or convicted of a crime? According
to the EEOC, members of some minority groups are arrested disproportionately
more often than whites, so making personnel decisions on the basis of
arrest records could have a disparate impact on these groups. Depending on
the position,
however, the employer could have a valid business need to exclude such
applicants. For example, a bank could be justified in excluding applicants
convicted
of embezzlement.
What is your date of birth? Questions that give away an applicant's age
could indicate unlawful discrimination on the basis of age.
EEOC's tips on what to ask and what not to ask when dealing with individuals
with disabilities: http://eeoc.gov/ada/adahandbook.html#dodonts
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