How To ...

by Steven Diegel

SBJ Contributing Writer

Filling an open position is difficult in a tight labor market, but just as challenging can be avoiding legal pitfalls when conducting a job interview.

According to local employment agencies and consultants, there are a lot of do's and don'ts when it comes to interviewing applicants.

"You definitely should not ask anything discriminatory or anything personal," said Melodie Beasley, branch manager for Kelly Services. "Those types of questions (should not) influence whether or not they get the position."

"There are a handful of laws that address this, but basically you should steer away from asking anything on the protected classes of people," agreed Lynne Haggerman, an instructor for the Management Development Institute at Southwest Missouri State University and owner of Career Services Inc.

Haggerman, who presented the seminar "Hiring Good People" March 25, said that protected classes generally in-

clude race, color, sex, national origin, religion, age, disabilities, children and health.

Other questions are more borderline, and depend upon the company hiring and the position considered.

"There are a couple of questions that are on the borderline that some people think you should ask and others think you shouldn't ask," said Sabrina Wilford, an area representative for Olsten Staffing Services.

These can include whether special arrangements for disabilities are necessary, whether lifting or other physical aspects of a job will be a difficulty or whether child-care will pose a problem.

"Child-care arrangements are a sticky point that has come under scrutiny," Wilford said. "You can ask if they have arrangements for child care, but you have to ask everyone men and women alike."

Maintaining a uniform approach with anything questionable is important, according to Wilford, not only with traditional concerns but also with modern ones, like tattoos and body piercing.

"If we ask someone a question that could possibly be construed as discriminatory, we make sure to ask it of everybody," Wilford said.

Haggerman said employers should try to avoid asking questions having to do with any of the protected classes. Restrictions are outlined in a number of key rulings, including the Civil Rights Act of 1964, the Equal Employment Opportunity Act of 1972, the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967, and the Pregnancy Discrimination Act of 1978.

Employers should instead focus on the questions they can ask and other key indicators obtained through the interview process, including personal qualifications, attitude and appearance.

"Depending upon what position I am interviewing for, there are certain things that I would ask them and find out about," Beasley said, including academic background, prior work experience, why they left their last job, etc.

Other less-formal factors can also play a large role, including one's assertiveness, confidence and general attitude.

"We are looking for people who really have a desire to work, people who are excited about being employed, have a good attitude and good work ethics," said Diane Neeley, a placement supervisor with Penmac Personnel Services.

"A good attitude goes a long, long way," she added.

Appearance can make a difference as well, for the effort made preparing for an interview can also indicate the overall attitude of the applicant.

"Are they well-groomed? Well-dressed? Do they take care of themselves (appearance wise)? Normally in an interview you are going to try and look your best, reflecting what you are going to

be like in a work environment," Beasley said.

[[In-content Ad]]