Legal Considerations

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Legal Guidelines for Conducting an Interview

Affiliation Status

ADA Violations

National Labor Relations Act Violations

Age Discrimination

Finally....

Now let’s turn our attention to what you shouldn’t do when interviewing.

Civil Rights Act Violations

Audio

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Click on the hand to spin the wheel!

Spin the wheel!!

3. Achieve 1000 points and choose your prize!

2. Earn points.

Spin the wheel!

1. Spin the wheel!

Is it Legal...

No

Yes

Is it legal to ask...

"How did you learn to speak a foreign language?"

FOR 50 POINTS

It is not legal to ask someone about something that might indicate their citizenship or citizenship status. Use objective criteria in assessing candidates, and ask the same questions of all, regardless of age or sex.

RIGHT!

Total = 50 POINTS

Keep spinning the wheel!

No

Yes

Is it legal to ask....

"What religious holidays do you observe?"

FOR 50 POINTS

It is not legal to ask someone about something relating to religion or religious beliefs. Instead, discuss our company’s mission statement or philosophy to see if the candidate supports it.

RIGHT!

Total = 100 POINTS

Keep spinning the wheel!

No

Yes

Is it legal to ask...

Can you perform all of the essential functions of this job?

FOR 100 POINTS

Confine questions to those related to the ability of the candidate to perform job-related functions.

RIGHT!

Total = 200 POINTS

Keep spinning the wheel!

No

Yes

Is it legal to ask...

"Do you have reliable childcare?"

FOR 100 POINTS

It is not legal to ask someone about childcare or other personal obligations. Instead, explain the job's requirements and expectations, as well as its scheduling requirements. Then ask if they can meet these requirements.

RIGHT!

Total = 300 POINTS

Keep spinning the wheel!

No

Yes

Is it legal to ask...

"Our employees rotate weekend shifts. Would this be a problem for you?"

FOR 200 POINTS

Explaining the job's requirements and expectations, as well as its scheduling requirements, is legal and encouraged.

RIGHT!

Total = 500 POINTS

Keep spinning the wheel!

No

Yes

Is it legal to ask...

"How would you feel about working for someone half your age?"

FOR 250 POINTS

It is not legal to ask someone about their age. This can be interpreted as age discrimination. Instead, ask about a candidate's motivation for seeking the position, their qualifications and interests.

RIGHT!

Total = 750 POINTS

Keep spinning the wheel!

No

Yes

Is it legal to ask...

"Do you have any disabilities I should know about?"

FOR 250 POINTS

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Total = 1000 POINTS

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Total = 1000 POINTS

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Choose your prize:

The End Please continue with your Promote activities.

Total = 1000 POINTS

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Choose your prize:

The End Please continue with your Promote activities.

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Wrong Answer

Questions about citizenship, military discharge status, or membership in nonprofessional organizations

Asking about disabilities which are protected by the Americans with Disabilities Act and the Canadian Human Rights Act

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No matter which job-related topics you focus on, it is critical that you ask the same questions of all candidates, regardless of age, sex or other protected class. By asking the same questions of each candidate, it ensures all candidates have equal opportunity to demonstrate fit for the job’s requirements & behavioral expectations!

Common job-related topics may include:

• Asking about a candidate's motivation for seeking the position ​
• Inquiring about their position-related qualifications​
• Asking about former job responsibilities​
• Discussing our company’s mission statement or philosophy to see if the candidate supports it​
• Explaining the job's requirements and expectations, as well as its scheduling requirements

Suggesting that an older candidate is overqualified or that you are seeking someone with more recent education; “overqualified” does not mean “unqualified” and can be interpreted as age discrimination

Above all, when it doubt don’t ask the question!

There are many important legal guidelines to follow when preparing for or conducting an interview. Even a well-planned interview can be legally questioned, so it’s important to conduct consistent, reliable, and legally defensible interviews. In this activity, we will consider the legal do’s and don’ts in the interview process.

Legal Guideline for Conducting an Interview

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Take a moment to consider: Why is it important to ask only job-related questions during an interview? If you said because it’s the most important step to ensure your interview is legally defensible – then you’re right!

• open-ended
• behavior-based
• focus on past experiences
• seek supporting information and examples

But above all, every question asked during an interview should be clearly related to the job!

In general, interview questions should be:

Asking about labor union activities; discussion of union activities can be construed as an unfair labor practice under the National Labor Relations Act

Asking questions related to age, arrests & convictions, race, religion, marital status, sexual orientation, childcare obligations; these categories are protected by the Civil Rights Act and Canadian Human Rights Act