When it comes to interviewing potential employees, the process can be both exciting and overwhelming for them. For them, interviews are filled with potential and opportunity. For you, there are a number of legal pitfalls. Here are some tips on getting started.
Those involved in the interview process need to know how to avoid appearing discriminatory in any way. It’s important to not to ask any question that could imply there is a bias in the hiring process. Even sometimes seemingly innocent questions can be problematic—so it’s crucial for anyone who will be interviewing applicants to understand the legal ramifications.
Generally speaking, follow these guidelines:
- Limit questions to only those that are pertinent to the candidate’s ability to perform the job, such as work experience, education, and other related skills.
- When conducting interviews, use the same set of questions whenever possible. This consistency removes some of the potential for bias that may be possible when asking different questions to different candidates. (It’s especially important not to ask specific questions to only some candidates but not all, such as only asking a female candidate about a particular topic.)
- Never imply that a specific candidate (such as a specific gender or ethnicity) is required or preferred for a role[i].
- Whenever possible, ensure that interviews are conducted by a diverse range of company representatives—and keep the same interviewing group for consistency whenever possible, too.
- Train everyone involved in the interviewing process about legal pitfalls to avoid. Consider having detailed policy guidance to follow.
The overall goal of any interview is to learn about the applicant and evaluate whether he or she has the ability to perform the job. It’s also a time to give the applicant more information about the job and organization, and to answer any questions he or she has.
The interview can be broken down into informal stages: introductions, presenting the job and company, learning about the applicant, and closing (with next steps).
In the beginning of the interview, establish rapport by introducing yourself (and other interviewers if applicable), and ask the person what name he or she prefers to be called. This is a simple ice breaker that is polite yet still formal. Initiate small talk to make the situation comfortable and relaxed. Explain how the interview will proceed, such as noting that you’ll be discussing the job and company before continuing to the candidate’s experience and background.
When talking about the company, here are some tips:
- Have company information prepared in advance to present to the candidate. While, of course, most candidates will have done some company research and may already have at least some familiarity with the organization, this is an opportunity to present the company in a positive light and describe why the applicant would want to work there. Remember, an interview is actually two-sided: Not only are you deciding on which candidate to hire but also, the candidates are deciding what organization they want to work for! Consider outlining general details about the company, such as products, customers, and vision for the future. Explain how advancement opportunities work in the organization. (Depending on whether this is a first or second interview, and how senior the position is, it may be appropriate to go into more depth here on development programs and the like.)
- After outlining the organization, give the applicant more details about the role for which they’re being considered. Explain the job’s responsibilities and how the job fits into the organization. Give information about what a typical day or week would look like. Depending on how much you already know about the candidate, this may be an opportunity to relate this information back to that individual’s experience or stated goals.
- Give some information about the general pay and benefits associated with the role. Some employers opt to hold this information for a later time, but it can be beneficial to be on the same page as quickly as possible.
This is just the beginning. In tomorrow’s Advisor, we’ll look at the next phase of the interview: learning about the applicant.
[i] There are some narrow, specific, legal exceptions.
Concerned with the verbiage here: “know how to avoid appearing discriminatory in any way”. How about simply and sternly: “know how to avoid discriminatory practices”?