What have we been doing wrong up to now with respect to EEO-related matters, and how do you suggest we rectify the situation in the future? One of the problems LearnInMotion’s Jennifer and Mel faced concerned the inadequacies of the firm’s current personnel management practices and procedures. The previous year had been a swirl of activity—creating and testing the business model, launching the site, writing and rewriting the business plan, and finally getting venture funding. And, it would be accurate to say that in all that time, they put absolutely no time into employee manuals, personnel policies, or HR-related matters.

Almost from the beginning, it was apparent to both of them that they were “out of our depth”

(as Mel put it) when it came to the letter and spirit of equal employment opportunity laws. Having both been through business school, they were familiar with the general requirements, such as not asking applicants their ages. However, those general guidelines weren’t always easy to translate into practice during the actual applicant interviews. Two incidents particularly concerned them. One of the applicants for a sales position was in his 50s, which made him about twice as old as any other applicant. While Mel didn’t mean to be discriminatory, he found himself asking this candidate questions that he did not ask of other, younger candidates, questions such as “Do you think you'll be able to get up to speed selling an Internet product?” and “You know, we’ll be working very long hours here; are you up to that?” There was also a problem with a candidate for the other position (content manager). This person had been incarcerated for a substance abuse problem several years before. Mel asked him several questions about this, as well as whether he was now “clean” or “under any sort of treatment.” Jennifer thought questions like these were probably OK, but she wasn’t sure.