Interviewing and the Law
In order to hire the most qualified applicant, the interviewer must understand how to conduct effective interviews. It is important to develop well-worded questions, use follow-up questions to clarify and get more detail, take good notes, and control the pace of the interview.
INTERVIEWING AND THE LAW
Federal and state legislation precludes you from asking certain questions during an interview, and these regulations apply to virtually every aspect of the employment process.
- Title VII of the 1964 Civil Rights Act prohibits discrimination based on race, sex, color, national origin and religion.
- The Age Discrimination in Employment Act prohibits questions about a person’s age.
- The Americans with Disabilities Act (ADA) of 1990 protects qualified individuals with disabilities from discrimination in employment.
Questions relating either directly or indirectly to age, race, color, national origin, gender, religion, sexual orientation, veteran’s status, political affiliation or disability must be avoided. If information is needed about an applicant that potentially infringes on any of the above categories, the question must relate to a bona fide occupational qualification or to a federal or state requirement.
| UNACCEPTABLE | ACCEPTABLE |
|---|---|
| Are you a U.S. citizen? | For purposes of compliance with The Immigration Reform and Control Act, are you legally eligible for employment in the United States? Under the Immigration Reform and Control Act of 1986, you will be required to fill out a certification verifying that you are eligible to be employed and verifying your identity. Further, you will be required to provide documentation to that effect should you be employed. |
| How old are you? | Are you over the age of 18? (This question is viable only in limited positions where minimum age is a criterion for employment. Check with your HR Generalist before use of this question.) |
| What clubs or organizations do you belong to? | What professional or trade groups do you belong to that you consider relevant to your ability to perform this job? |
| What disabilities do you have? | Are you able to perform the essential functions of the job for which you are applying? (Be sure to tell the applicant what the “essential functions” are.) |
| How is your health? | There is no acceptable way to inquire about this or any other medical condition. |
| Tell me about yourself. | This question should not be asked during an interview because it can allow for personal information to be revealed. Depending on what job-related information you are trying to gather, this question can be rephrased numerous ways. |
If you are not sure if a question violates federal or state law, either don’t ask it or check with your HR Generalist.
Human Resources Department
HOURS: Monday - Friday, 8:00am-4:30pm
200 West Oak, Suite 3200, Fort Collins, CO 80521
PO Box 1190, Fort Collins, CO 80522
PHONE: (970) 498-5970 | FAX: (970) 498-5980
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