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Successful Interviewing Skills Jim Peterson Human Resources Consultant October 25 th

Why Are You Here Today? Hiring decisions are extremely important Good hiring practices reduce risks and promote organizational success Poor choices could expose companies to lawsuits

What We ll Review Today Employment Laws Avoiding Discrimination Interviewing Topics Reading Resumes / Applications The Interview Process General Pitfalls Final Thoughts

Fair Employment Laws Title VII Title VII of the Civil Rights Act ADEA Age Discrimination in Employment Act ADA Americans with Disabilities Act EXECUTIVE ORDER 11246 Affirmative Action PDA Pregnancy Discrimination Act

Fair Employment Laws IRCA Immigration Reform and Control Act USERRA Uniform Services Employment & Re-employment Rights Act MHRA Missouri Human Rights Act IHRA - Illinois Human Rights Act

Discrimination An applicant may not be discriminated against because of any of the following: Age National Origin Ancestry Race/Color Sex Pregnancy Religion Disability GINA Veteran s Status Marital Status* Sexual Orientation*

At-Will Employment What Does That Mean? Unless there is a written contract that sets the length of employment, the employee is presumed to have been hired at-will. 9

Bona Fide Occupational Qualification (BFOQ) 10

Is it Legal?

Age or Date of Birth The Age Discrimination in Employment Act (ADEA) prohibits discrimination on the basis of age (age 40 or over) 12

Age or Date of Birth ACCEPTABLE Statement to meet legal working age UNACCEPTABLE Inquiries of elementary or high school Any other kind of age inquiry

Name ACCEPTABLE Have you worked for this organization under a different name? Is any additional information relative to change of name, use of an assumed name or nickname necessary to enable a check on your work and educational record?

Name UNACCEPTABLE What is your maiden name? Have you ever used another name? Are you Miss, Mrs., or Ms.?

Marital Status & Family Responsibility No ACCEPTABLE situations UNACCEPTABLE Do you have children? Who will care for the kids while you are at work? Are you married, single, divorced or getting married? 16

Citizenship (National Origin) ACCEPTABLE Do you have the legal right to work for any employer in the United States? UNACCEPTABLE Where are you from? When did you acquire citizenship? Where were you born? 17

Foreign Language ACCEPTABLE What foreign languages do you read,..speak or write? (Only if required for the..job!) UNACCEPTABLE What is your native language? How did you learn that foreign language? 18

Residence (Where do you live?) ACCEPTABLE Inquiry into length of residency at current and previous address. UNACCEPTABLE Do you rent or own your home? 19

Sexual Orientation No Federal legislation covering sexual orientation Varies by state and local law 20

Appearance and Dress Could relate to a protected class Employer should not reject solely on the basis of appearance. Cultural differences in dress code

Religion Employers cannot reject applicants based on religious beliefs Employers must make reasonable accommodations regarding applicant s religious convictions unless it would create undue hardship on the employer s business 22

Religion ACCEPTABLE Show statement of regular days, hours, or shifts to be worked UNACCEPTABLE Does your religion prevent you from working weekends or holidays? Any questions regarding religion, affiliations, or holidays 23

Education ACCEPTABLE Inquiry into academic, vocational, or..professional education and schools...attended UNACCEPTABLE Dates of attendance at elementary or..high school

Organizations / Memberships ACCEPTABLE If it is relevant to the job in which the.. applicant is applying UNACCEPTABLE List all clubs, societies, and organizations to which you belong. Are you a member of any union?

Disability or Handicap The Americans with Disabilities Act forbids discrimination against handicapped candidates who are able to perform the essential functions of the job with or without reasonable accommodation. 26

Disability or Handicap ACCEPTABLE Can you perform the functions of the job with or without reasonable accommodation? Can you meet the attendance requirements of this job? UNACCEPTABLE Do you have any physical disabilities or handicaps that would interfere with your ability to perform the job? 27

Basic Rule of Thumb Once an improper / illegal question is asked, the employee s presumption is that the response was the basis for the employer s decision.

Reading Resumes and Applications

The Resume Completeness Continuity Context Growth Titles

The Application You probably know: Current and past job titles Types of businesses applicant worked and years of experience in a field Technical skills claimed by the applicant formal education, degrees, licenses additional education and training most recent compensation and salary history

The Application You still need to know: Actual responsibilities held Applicant s approach to work Objectives in seeking new employment Applicant s short and long-term goals and actual skill level

The Application Date of Application Age of Minors Education At-Will Notice EEO Notice Consent to Background Check Attestation to Truth and Accuracy

Plan Your Strategy

Interview Preparation Schedule a Time and Location Remove barriers between you and the applicant Read all paperwork on the applicant Familiarize yourself with the specific job functions

Develop Interview Questions Review applications and résumés Prepare questions Use open-ended questions Plan for easy follow-up

Key Questions

The Interview

Conduct the Interview Greet applicants Introduce yourself Break the ice (careful) Describe the workplace

Conduct the Interview Give an overview of the job Show interest in the applicant Listen actively Observe closely Don t multi-task

Conduct the Interview (cont.) Focus on qualifications Avoid stereotyping Allow silence Take notes

Note Taking Develop skill with practice Causes unnatural pauses during interview Restricts eye contact with applicant

Note Taking Do Not include information in your notes pertaining to the following: Age Race Gender Family Status Disabilities Home Ownership Religion

Conclude the Interview Ask for questions Explain notification procedure Give an expected start date Describe the next steps Thank candidates Escort them out

Review Your Notes

The Decision Process Several things to keep in mind: Re-visit exactly what skills you need/want Give special consideration to job characteristics Don t force the fit Be wary of candidates who Act quickly on your ideal candidate

Use same test(s) for same position(s) Be consistent 3 rd / final interview Should not base final decision solely on pre-test results

Avoid General Pitfalls Prejudices / Stereotypes Keep questions job related Avoid rose-colored glasses (and vise-versa) Over-selling the job Taking notes? Let them know Two interviewers in the room? Let them know False commitments

Final Thoughts on Interviewing Do not hire someone just to have a warm body! Be prepared to defend your choice! Be conscious of avoiding discrimination at all times during the interview process

Drug Testing Reference Checks Background Checks

Be consistent Pre-Employment / Post-Offer

Be consistent by position Crime vs. the Position

Providing? Name, Rank, Serial Number Calling Them Yourself? Ask anything find out what you can

Jim Peterson J.W. Terrill (314) 594-2700 hrconsulting@jwterrill.com Thank You! The recommendations and opinions provided herein are based on general Human Resources management fundamentals, practices and principles and are not legal opinions or guaranteed outcomes. We strongly recommend as part of a team approach to management, that clients consult with legal counsel of their choice to address legal concerns related to human resource issues.