Questions asked at interview

MS HR

I sat in on an interview that one of our department heads was conducting with an applicant.
Unbeknownst to me ahead of time, the department head asked during the interview:
What religion are you?
This applicant was not selected and now questions the legality of asking that question.
My reply was that it's not illegal to ask that question; only illegal if the applicant was not selected based on the answer to the question.
Am I correct?
Would the same hold true if the question was:
Do you plan on having children? Are you from Iraq?
Needless to say I am hastily arranging more training for supervisors on what you should and should not ask in interviews.

Don D

In Mississippi, it is not illegal to ask such questions. But it is illegal to take negative action based on the answer to such questions. Those are dumb questions and recommended against and cited by the EEOC as 'should not ask', but not illegal. In several states those are illegal questions.

System

Those sound pretty illegal to me and could open up your company to lawsuits. I can't imagine they are 'correct' in MS.

Cinderella

CQ - Reread Don's post, he is correct. A lot of states say that "certain" questions are not illegal, but even if they aren't most labor attorneys and gov't agencies would tell you it's not a good idea to ask them because if the information gleaned from the questions is used for discriminatory purposes - a law has been broken. It's hard to disprove/prove discrimination. Companies keep their noses clean by "not even going there" with questions that may be legal in their state - but still not a good idea.

Peyton Irby MS

agreed. direct questions regarding age, religion, ethnicity, family plans, etc. should not be asked. your supervisors or anyone who will be interviewing should be trained and instructed on how to properly and LEGALLY interview. it can not only lead to legal issues but detracts from the purpose--to find the most suitable candidate.
Peyton Irby
Editor, Mississippi Employment Law Letter
Watkins Ludlam Winter & Stennis, P.A.
(601) 949-4810
[email]pirby@watkinsludlam.com[/email]

deniseE

These types of questions should not be asked...for the reasons that you are now finding. Be prepared to prove that you did not hire this person based upon the answer to the question.

I think you might be safe in asking if any personal commitments would preclude you from working any of the regular scheduled business days (whatever those are for you)...then you would discover that someone may prefer to work Sunday morning rather than Saturday night....

Keep all questions job related and you'll be on more solid ground.

Rockie

It's never a good idea to ask any question of this type. If a savvy applicant had been asked this question and not gotten the job, he or she certainly could have taken issue with the legality of asking such a question.

I think it's quite strange that someone hired would ask you this question...unless they were just wondering why it was asked at all.

Training your supervisors further is a good idea.

Cinderella

Can I just say it still amazes the heck out of me that people think it's okay to ask these types of questions? Hello? Bueller?

JM in ATL

Why on earth would the sup. ask such a question??

Is it relevant to the job? There is a lot of literature out there on what question should not be asked, and possible ways to rephrase them that aren't direct or leading.

I think your sup gets the dumb@$$ of the day award!

ritaanz

This so called department head, have you worked with him/her for a while? I have found that people's personalities do not change while interviewing applicants.

I have seen managers that are anti-female, show thier disdain in interviews. I have seen "young" managers behave appallingly when meeting an applicant with years of experience.

I solved the problem very easily. I refused to let them interview applicants until they finished the course "Interview Techniques 101". When they realized that someone else (usually their boss)would decide who was hired, the learning process went very quickly. They certainly did not want to be on the other side of the desk looking for a job.

rad

My company only allows supervisors who have completed an on-line behavioral interview technique course complete an interview. If the hiring manager has not completed the course, he/she must conduct the interview with a second manager who has.

Cinderella

Sounds like a good practice. Wish they would do that here!

Crout

You might consider issuing a discipline, in addition to any training, to the manager whom asked that question just in case this becomes an EEOC issue. That way you can show that you took action when the problem arose. People in leadership roles screw up all the time. What the Gov. will look for is what you did to correct the problem.

System

I sit in on ALL interviews. Prior to the interview, I review the list of questions that will be asked by the department head. You always have time for that.

If having children and being from Iraq are bona fide occupational qualifications (BFOQ's) then you can ask - but, I'm taking a wild guess that neither one is.

In the meantime, of course schedule some training.

Don D

It would seem terribly uncomfortable not being able to stray from a prepared list of questions PLUS having someone sitting in on all my interviews. How's that work for you?

System

The interviewer CAN stray from the prepared list. They are trained to avoid the turf where one should not tread. They do the tech interview, I do the 'behavorial' thing. I don't think they feel scrutinized, I think they feel more comfortable with me there. Works pretty good, I thought. Now I better go check.

How are your managers trained? Who trains them?
Just curious.

Paul in Cannon Beach

If you stick with job related questions you won't have too many probles. Another general rule, don't ask questions to one applicant that you wouldn't ask others. Ex. Are you going to be starting a family? I will guess this was a female applicant? Am I right? What do I win?

System

Paul, that's a 'gimmie.' You're probably right, but no banana. Besides it could be a young male. You could exclude a female over 40, everyone over 50, and certain disabled employees. We wouldn't ask the question of any of these.