Interviewing

Document rationale for rejecting every job applicant—and stick with it

11/12/2008

Before you reject a candidate who appears to meet the basic requirements for an open position, make sure you can explain your decision. Then document your rationale in case he or she later claims the real reason for the rejection was some form of discrimination.

Our applicant turns out to be a transgender—can we revoke the job offer?

11/12/2008

Q. Our company has just made a job offer to a highly qualified man to work in our company’s IT department. During the final stages of our interviewing process, the candidate told us that “she” is transgendered —that she would be transitioning from male to female. We believe employing a transgender employee could be very disruptive and cause a morale problem in the company. Can we rescind the offer based on the candidate’s transgender status?

What not to ask your prospective HR director

10/22/2008

It is an unwritten rule in polite society that anyone who feels compelled to guess a person’s age should always guess down. That’s why it’s hard to sympathize with an investor with Unitek USA, who reportedly asked a 55-year-old applicant seeking an HR director’s position, “How old are you, 78?” …

What can’t I ask job applicants?

10/22/2008

Q. What questions are off-limits on an employment application or when conducting a job interview? …

Follow promotion rules to stop unexpected suits

10/10/2008

HR can never know for sure exactly what’s going on in other parts of the organization. That means it’s easy to be blindsided by a sudden lawsuit. For example, co-workers sometimes spread unfounded rumors about who is up for promotion and who will be bypassed. Such gossip may give some employees an excuse to find a reason to sue …

Use blind résumé review for bias-free hiring, promotions

10/10/2008

Michigan’s Elliott-Larsen Civil Rights Act makes it unlawful to refuse to hire or recruit someone because of “religion, race, color, national origin, age, sex, height, weight or marital status.” But applicants sometimes provide that information on their résumés. Have someone take those résumés and black out any information that hints at any of those protected categories.

Follow basic rules for job descriptions, interviews to avoid hiring bias

10/01/2008

Want to avoid needless lawsuits from disgruntled applicants? Adopt some basic rules for handling the selection process, and pay special attention to the all-important job description and interview. As the following case shows, employers that follow some simple rules probably won’t lose a hiring discrimination lawsuit …

Is it permissible to ask women about gaps in their employment histories?

09/23/2008

Q. Can we ask female applicants about lengthy gaps in their employment histories? I’m afraid that doing so might make it look as though we are digging into personal or family issues that could lead to a claim of gender bias …

Restaurant makes good after religious discrimination slip-up

09/09/2008

Maryam Abdi, a 16-year-old who was denied a job at an Old Country Buffet restaurant because of her Islamic headscarf, has been hired for the position she sought. Abdi applied for a part-time cashier position at the company’s Fridley restaurant in July. The manager who interviewed her reportedly asked whether she would be willing to remove her headscarf to comply with the restaurant’s uniform policy …

Can an interviewer ask about drug use?

09/05/2008

Q. I recently asked an applicant whether she used illegal drugs. She told me she understood that employers were not allowed to ask such questions. Is this legal? …