INTERVIEWING PROBLEMS

Open-ended Questions: Tell me About Yourself

The danger with this approach is that the applicant can reveal an incredible amount of personal information which could be used at a later date to sue a company if that person was not hire. What do I mean:

1. Say the applicant is a Hispanic female and asked that very question. She replies and informs the interviewer she is divorced with children. In the end, another candidate is hired perhaps equally qualified who is single and white. The first applicant files a complaint with the EEOC saying she is a protected class and also the employer learned during the interview that she is divorced with children and was not hired for those reason.
2. Is the initial question a problem?
3. Was a law violated?
4. What would be the companys affirmative defense in this matter?

INTERVIEWING PROBLEMS (contd)

Even though the interviewer did not ask for the information, the fact is, the information came to light during the interview. If she files suit, it is then up to the employer to prove that the information was volunteered and not used as a basis of discriminatory actions. It is the interviewers responsibility and in the best interest of the company to stop the applicant from volunteering illegal information.

So, what do we do in this case? 1. Maintain control over the interview process .

2. Stop the flow of information and tell the applicant not to bring up those types of subjects.

3. Courteously explain that the company does not base its hiring practice on that particular subject.

4. Specifically state that a decision to hire is never based on age, gender, race, religion, sex, sexual orientation or other personal information that might have been raised.

Question: Once you reviewed the situation, you will need to address the following questions: 1) Is the initial question a problem? 2) Was a law violated? 3) What would be the companys affirmative defense in this matter?