HR Management & Compliance

Checklist for Lawsuit-Resistant Interviews

Yesterday, we looked at best practices relating to your job application procedures. Today: What you should—and shouldn’t—do when interviewing candidates.

For the interview itself, the face-to-face meeting remains a crucial part of the process. Talking with an applicant in person allows an employer the opportunity to assess the applicant’s personality, skills, and suitability for the position.

During the interview, an employer should do two things:

1. Gather the relevant information for making the hiring decisions.

2. Document valid reasons for selecting or rejecting applicants.

The key is to avoid exposing the company to liability. The following interview tips should assist the employer in this pursuit:

1. Ask only job-related questions—not questions that request any information concerning protected categories, such as marital status, national origin, or date of graduation from high school.

2. Avoid statements that undermine at-will status. Train the interviewers to never make any promises about the length of future employment.

Avoid buzz words such as “secure,” “permanent,” “long-term opportunity,” or “looking for someone who will grow with the company through the years.” These buzz words may expose the company to a claim of implied contract of employment for a certain period of time.


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3. Write down the interviewee’s responses to the questions asked. Ensure interview notes are legible, don’t use discriminatory language, and make sure the notes are not open to misinterpretation from sloppy drafting or odd use of abbreviations.

Computerized forms can be good for these purposes because they provide a central location for interview notes in a legible form that HR can easily access and monitor.

4. Request specific, objective examples of the applicant’s best work, as well as mistakes he or she has made on the job.

5. Ask why the applicant left (or is leaving) previous employment.

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1 thought on “Checklist for Lawsuit-Resistant Interviews”

  1. “The key is to avoid exposing the company to liability.” I think a lot of managers/supervisors don’t even know this. I interviewed people for years when I was a manager, and never was I warned about the potential for liability or topics/questions to avoid.

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