Be knowledgeable of legal considerations:
Questions related to gender, age, color, race, religion, national origin, disability are inappropriate
during interviews. Treat all applicants in the same manner. The following are areas where questions
can and have been used in a discriminatory way. Remember that discriminatory behavior is improper,
even when it is not intended.
|
- Accent
A hiring decision cannot be based on foreign appearance or manner of speaking.
The only permissible consideration of accent is where there is a clear correlation between job performance
and the ability to speak English clearly.
- Age
Persons age 40 and over are protected from discrimination on the basis of age. Questions
that would reveal age, such as year of graduation, should be avoided unless there is a need to construct
a chronology of work or educational experience. Additionally, comments such as the need to hire
"new blood" or concern about "dead wood" should not be made as they can be used to imply a bias against older
workers. The protection against discrimination also applies within the protected age group, meaning that it
is unlawful to prefer a 42-year old applicant to a 50-year-old applicant because of age.
- Citizenship
Prior to making an offer, the only discussion about citizenship status that may lawfully occur is whether
the applicant is currently eligible to work in the United States. If such a question is asked of one
applicant, is should be asked of all. Following the offer stage, the successful applicant will be required
to produce documentation of eligibility.
- Disability
The Americans with Disabilities (ADA) prohibits employment discrimination against qualified individuals with
disabilities, as well as persons who have a record of disability or are perceived as disabled. The protection
extends to all aspects of the hiring process and all other employment related activities. Further guidance on this
issue is available on the attached.
- Martial and Family Status
Questions that could elicit personal information about applicants' marital status or childcare arrangements
should be avoided. Employers can ask if applicants are able to work the hours required by the job, or undertake job-related
travel, as well as about the duration of any anticipated absences. All applicants should be treated equally. Applicants
themselves may ask about the University's leave policies and benefits. If these questions arise, the applicant should be
referred to Human Resources.
- Military Record
Applicants can be asked questions about their military experience, qualifications, or training if they
relate to the actual requirements of the position. Questions concerning military service should focus
on relevant job skills. Questions that elicit information about applicant's discharge status should be
avoided unless a business necessity for requesting this information can be established, and if asked,
should be asked of all applicants.
- National Origin
Applicants are protected from discrimination based on their national origin. Questions related to an applicants'
national origin, such as their birthplace, ancestry, or origin of name, should be avoided.
- Personal Appearance
Except in cases of safety or other work-related matters, employees may wear clothing that is symbolic
or their race, national origin, or religion, and questions should be not be asked about such matters.
- Pregnancy
A female applicant who is pregnant is protected from discrimination because of her pregnancy, childbirth, and
related medical conditions, and should be evaluated solely on her ability to perform the requirements of the position.
If an applicant wants to know about EKU's policies, she should be referred to Human Resources.
- Race and Ethnicity
Applicants should not be asked questions regarding their race or ethnic background during the interview.
- References
Many search committees limit reference checks to the top applicants in the final interview pool. Regardless of when
a reference check is made, consistent questions should be asked of the references. In the course of a reference check,
unsolicited information that is inappropriate or discriminatory may be provided by the reference. Such information
should be ignored. A good rule is not to discuss anything with references that could not be discussed with the
applicants themselves.
- Religion
Applicants are protected from discrimination because of their religious denomination, beliefs, customs, or religious holidays
observed. Questions that could elicit religious information should be avoided unless they have a clear correlation to need,
such as working on Saturdays or Sundays, or peak periods. If asked, the question should be limited to stating the
requirements of the position, and should be asked of all applicants.
- Sex (Gender)
Applicants may be asked to identify whether they are male or female. In addition, it is permissible to ask what title of
address is preferred, provided the inquiry is made for a nondiscriminatory purpose.
- Sexual Orientation
Eastern Kentucky University's Non-Discrimination Policy prohibits discrimination based on a person's sexual orientation. Questions
and discussions pertaining to sexual orientation should be avoided.
- Sick Leave
Questions that elicit information about how many days an applicant was sick or other questions pertaining to sick leave should
be avoided. If there are job-related concerns about coverage during peak times of need or dependability, stating the expectations
and asking applicants if they can meet them are permissible. If asked of one, such questions should be asked of all.
- Workers' Compensation
Questions that elicit information about an applicant's workers' compensation history should be avoided. The same concerns as mentioned
for sick leave apply to this area of inquiry.
|
Adapted from Interview Guide for Supervisors, College and University Personnel Association, 5th Edition, 1998.
Adapted from ADA Enforcement Guidance: Reemployment Disability-Related Questions and Medical Examinations, U.S. Equal Employment Opportunity
Commission, Washington, D.C. 20507, October 1995.
Adapted from Conducting the Lawful Employment Interview: How to Avoid Charges of Discrimination When Interviewing Job applicants,
Alan M. Koral, Executive Enterprises Publications Co., Inc., 1993.
Adapted from UVA EOP Guide. |
