Interviewing Techniques

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Catalog Number: 991172

Title: Interviewing Basics

CPE Hours: 3

Level: Basic

Field of Study: Management

Prerequisites: None

Author(s): Element: Trina Johnson and Aimee Allison

Overview:

Take the guesswork out of preparing for interviews. Whether you are an HR professional or a non-HR practitioner whose job requires interaction with applicants and employees, you can benefit from this course. Course topics include:

• determining which situations are best handled in interviews
• identifying skills needed to conduct successful interviews
• recognizing the 12 types of interviews
• preparing for conducting lawful interviews.

This course is adapted from Diane Arthur's "Successful Interviewing: Techniques for Hiring, Coaching, and Performance Management Meetings" published by AMACOM, a division of the American Management Association

Topics:

Unit 1: Interviews and How to Prepare for Them

Unit 2: The Stages of an Interview

Unit 3: Legal Concerns

Learning Objectives:

• Identify the objectives for the 12 different types of business-related interviews. (Unit 1)
• Be able to prepare for every type of interview. (Unit 1)
• Describe the five stages of an interview. (Unit 2)
• Define five pieces of key federal legislation regarding interviews and job discrimination. (Unit 3)
• Apply effective guidelines for conducting lawful interviews. (Unit 3)
• Be able to cite examples of both effective and ineffective interview documentation. (Unit 3)

1. Interviews and How to Prepare for Them
   • Introduction

The average workday for the human resources director of a mid-sized firm includes a variety of tasks. Consider Samantha Allenby's day, for example. The first e-mail Samantha reads one morning is from a marketing department employee who requests a meeting to discuss his complaint about the company's policy on personal days. Her schedule for the day includes two appointments with applicants interested in the accountant position and a three-way meeting with the public relations manager and a customer service representative to review the CSR's excessive absenteeism. In addition, Samantha needs to check references on three candidates who are under consideration for the compensation analyst's position. She also anticipates a number of calls throughout the day in response to the advertisement she placed for a secretarial position in administration. On this day, Samantha will conduct about ten different types of interviews. Such a busy schedule is manageable if Samantha applies sound interviewing skills.

Looking Ahead . . .

Whether you are an HR professional or a non-HR practitioner whose job requires interaction with applicants and employees, this course can teach you how to apply sound interviewing skills. It will help you to determine which situations are best handled via interviews and to identify the skills needed to achieve interviewing success. We will begin by introducing the 12 types of interviews. You will learn how to prepare for each type of interview and what distinguishes the different stages of an interview. Next we'll examine some of the legal implications of interviewing, identify different questioning techniques, and learn how to get the most out of every interview.

While there are many different types of interviews, each with its own objective(s), all interviews share one common goal—to acquire information that may be used to make a decision. This information is acquired using a question-and-answer format, which distinguishes an interview from a meeting or a casual conversation.

• Types of Interviews

If you were to track a person's time from the moment he or she expressed an interest in working for a company to the time the employment was terminated, you would observe numerous interviewing opportunities. Consider Jordan Saunders, a college senior who is interested in the field of information technology.

Twelve Types of Interviews

Jordan sees a notice posted on the campus career bulletin board announcing that representatives from several companies are visiting the school next week to speak with students who are interested in working for their companies (campus interview). He meets with recruiters from several companies, who ask him general questions about his accomplishments and aspirations (screening interview). Three of these recruiters set up interviews for Jordan at their respective companies so that they can question him in greater depth (employment interview). After his employment interviews, Jordan learns that the university was contacted and questioned about Jordan's grades and that the employer where he works part-time was contacted and questioned about his work performance (reference-check interview). Jordan accepts a job offer extended by one of the companies and reports for work. Once hired, Jordan meets periodically with his manager, who reviews Jordan's work, highlights his accomplishments, and offers any assistance Jordan may need (coaching interview).

When Conflict Arises

After several months of employment, Jordan learns that the train he takes to work is changing schedules. This schedule change makes Jordan arrive 30 minutes later than usual for work. In an effort to compensate, Jordan stays 30 minutes later at work each day. His manager, however, wants him to report to work at his previous time and asks Jordan to explore alternative means of transportation. The manager stresses that if Jordan persists in arriving late for work, it could result in disciplinary action (counseling interview). Jordan feels that his manager is being unreasonable and complains to the human resources department (grievance interview). The HR representative listens to Jordan, asks some questions, and makes several suggestions.

However, Jordan still does not understand why he cannot stay 30 minutes later each day, and so he continues to arrive 30 minutes late. He also grows increasingly dissatisfied with his work. Soon, he is formally warned and written up (disciplinary interview). When it is time for Jordan's performance evaluation, his manager chastises Jordan for habitually arriving late, compliments much of his work to date, offers some suggestions for improvement, and works with Jordan on specific, measurable goals (performance-evaluation interview). Despite praise for his work, Jordan remains unhappy. When he sees a posting for a job in another division that offers a higher rate of pay and more responsibilities, Jordan applies for the job (change-in-status interview). But after his interview, Jordan is told he lacks some of the required skills and is rejected for the position.

The Results

Jordan's level of dissatisfaction increases. He continues to arrive 30 minutes late for work, and he begins to make mistakes and miss deadlines. Finally, Jordan is fired (termination interview). Before leaving, the HR director talks with Jordan about his employment. They discuss his expectations, his views regarding his salary and benefits, and whether anything could have been done to make things turn out differently (exit interview).

In this scenario, Jordan Saunders was with the company a mere 18 months and yet he took part in 12 different types of interviews. Each interview had a specific objective, and these interviews are the 12 types of interviews that typically occur in most business settings.

• Interviews and Their Objectives

The first step to conducting effective interviews is knowing which type of interview is best suited for achieving your goals. By choosing the right type of interview and familiarizing yourself with the objectives prior to the interview, you increase your chances of conducting a successful interview. Throughout this course, you will learn more about the types of interviews outlined in the table below.

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Study Check 1

• Pre-Interview Preparation

Many people believe that interviews do not require preparation. They think that a successful interview is as simple as having two or more people sit down together to talk. As they talk, the interviewer asks questions and the interviewee answers the questions. This impression of effortless interviewing is largely based on observations of interviews conducted by seasoned interviewers who can make interviewing seem like casual conversation. The reality, however, is that seasoned interviewers have put a great deal of work behind their casual front by completing four important steps before they even begin the interview. The important pre-interview steps are as follows:

1. Prepare relevant paperwork.
2. Block sufficient time.
3. Plan an appropriate environment.
4. Plan basic questions.
5. Review relevant paperwork

• Step One: Prepare Relevant Paperwork

Let us return to Samantha Allenby. Remember that Samantha's busy schedule meant she would conduct as many as 10 interviews in one day. When Samantha realized this, she quickly set about identifying the paperwork she would need to read and bring to each interview.

In order to interview the employee who has a complaint about the company's policy on personal days, Samantha will need to review that policy. Before interviewing the two accountant applicants, she will need to read each person's completed application form and resume, the job description, and information relating to salary and benefits. The three-way meeting with the public relations manager and the customer service representative to review the representative's excessive absenteeism will require that Samantha review the company's absenteeism policy.

Tackling Challenges

Samantha knew that the three-way meeting was going to be a challenge. The employee had been one of the department's top performers until recently, and Samantha suspected something serious must have been causing the excessive absences. The manager, however, was unsympathetic and felt determined to make this meeting the first step in the disciplinary process. Samantha felt it would be more productive if the session were treated like a counseling session. So in addition to pulling out a copy of the company's absenteeism policy, Samantha drafted a plan of action to share with both the manager and the employee. With a plan of action in hand, she was better prepared to steer the session toward productive dialogue that would yield positive results.

To prepare for the reference checks, Samantha located the job description for the compensation analyst opening. Then she put each candidate's completed application form, resume, and related interview notes in a separate folder. She also made three copies of her reference check form and placed one copy inside each folder. Finally, in anticipation of the telephone calls she would receive in response to the advertisement for a secretarial position in administration, Samantha familiarized herself with the job description.

The Results

Once Samantha assembled all the relevant paperwork, she could approach each interview with the self-confidence that comes from knowing what the objectives are and how she would achieve them. Reviewing all the relevant paperwork prior to each meeting will save Samantha time by enabling her to pinpoint areas warranting discussion during each interview. It is also more likely that she will be in control of the interview and will be in a better position to steer it toward success. Exhibit 1 lists the relevant paperwork for each type of interview.

Exhibit 1

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Study Check 3

• Step Two: Block Sufficient Time

When determining how much time to allot for each interview, think about the entire process, not just the portion devoted to the face-to-face meeting. You need time before the interview to review the relevant paperwork and to plan key questions. You need sufficient time during the interview to talk to the interviewee. You also need time after the interview to write up your notes, reflect on what took place, and set up additional appointments. In the case of an employment interview, you may also need time for testing and checking references.

Scheduling Guidelines

Considering all that must be done, just how much time should you set aside for each interview? Generally, each stage preceding and following the face-to-face meeting requires from 5 to 15 minutes. The total time to complete an interview will vary according to your objectives and the intended scope of the interview. The chart below lists the 12 types of interviews and the approximate amount of time each kind of interview should take.

Although the times given in the chart are only guidelines, you should rarely take less than the minimum amount of time noted or go beyond the maximum amount of time recommended. Why? If you were to spend less than 20 minutes talking with a student during a campus interview, it is unlikely that you would find out enough about his or her level of interest, career objectives, or basic qualifications. Talking more than 30 minutes, on the other hand, probably means you either began to delve into details about that student's job suitability (which should occur back at the office, at a later date, during the in-depth interview), went off on some tangent, or allowed the interviewee to control the interview.

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Maintaining Control

It is important that you maintain control of every interview. One of the best ways to do this is to interview only during the time of day when you feel you are at your peak, that is, when you are most alert. It is also a good idea to avoid scheduling more than six to eight interviews in one workday. This will allow you to focus more clearly on the interview, ensuring that you remain in the driver's seat. However, if you must schedule interviews back to back, try to take a five-minute break between interviews. Use the time to take a short walk, get a drink of water, stretch, make a few short phone calls, do other work, and review relevant paperwork for the next interview. The break will help you feel more in control of your interview schedule and allow you to focus more clearly on your next interviewee. Ways to maintain control if an interviewee shows up late are to reschedule the appointment or to ask another interviewer to take over some of your interviews.

Maintaining control during an interview is just as important once the interview has begun. One method you can use to keep the interviewee from discussing irrelevant matters is to remind yourself of the interview objectives and to frequently note the approximate amount of time remaining. Identify how much information has been covered thus far and just what remains to be discussed. Then you can say, "We seem to have strayed from our reason for this interview; since we don't have that much time remaining, why don't we get back to . . ."

Study Check 4

• Step Three: Plan an Appropriate Environment

There are three keys to establishing an appropriate interview environment.

• Privacy
• Limiting the number of distractions
• Comfort

Privacy

After Dorothy was let go from her job, she went to an employment agency to find work. She was ushered into a large, open area where eight desks were lined up in two rows. Dorothy sat at one of the desks and proceeded to answer questions presented by an interviewer. She was aware that another applicant was being interviewed at the desk directly across from hers, but she tried to concentrate on her own interview. As she described what led to her termination, she became acutely aware of the interviewer across the aisle because he had stopped talking to his applicant and was leaning in to hear what Dorothy had to say. To make matters even worse, he actually interrupted his applicant to ask Dorothy a question! Dorothy and the other applicant were chagrined and promptly left the employment agency.

Why Is It Important?

The importance of privacy during an interview cannot be overstated. If applicants and employees are expected to speak freely, they must be assured that others cannot overhear what they are saying. This is particularly important when discussing sensitive matters, such as why a person was fired from his or her last job.

While not everyone has a private office, we all have access to privacy. Although this may mean using a conference room or borrowing someone else's office when it is empty, such options may be preferable if your office has only partitions instead of full walls. Sounds can easily carry over and around partitions and, depending on the partitions' height, people can also easily peer over the top.

Limiting the Number of Distractions

Try to keep the number of distractions to a minimum. Obvious distractions include ringing telephones, people walking in during the interview, and papers that require attention lying on top of your desk. More subtle distractions, but equally capable of interfering with your interview, are your own thoughts. Thinking about the work you need to do after the interview may not only prevent you from fully focusing on the interviewee but also result in unconscious resentment that you are being kept from doing your work. To guard against this, remind yourself just prior to the interview that interviewing is an important part of your work. It might also help if you clear your desk before the person enters your office.

Comfort

The worst interview Richard Campbell ever experienced was conducted in the most luxurious office he had ever seen. The room was larger than his living room at home and there were more chairs than Richard had in his entire house. The spacious office included a fireplace, a grandfather clock, and a panoramic view of the city. While the interview setting would seem to inspire comfort, the interview left much to be desired. The interviewer had not read Richard's resume, was unfamiliar with the job opening, and did not know which questions to ask. In addition, the interviewer was clearly in a hurry and grew increasingly impatient as the interview wore on.

In reality, when you are prepared, come across as friendly, and appear genuinely interested in what the person has to say, the interview surroundings will not be of great importance. It is your degree of preparation and general approach to the interview that largely determines the comfort level of the interviewee. Even so, make certain the interviewee is comfortable. The simple fact is that if the interviewee feels comfortable, you will be assured of a more productive interview.

Seating Distance

Comfort level is not determined by how much furniture there is in your office or whether or not you have a scenic view. If you can offer the interviewee a choice of seats, then feel free to do so, but do not be overly concerned if space is limited and there is only one chair in addition to yours. Although there is no single, predetermined seating arrangement for each type of interview, many interviewers prefer to sit behind a desk, with the interviewee on the other side. This arrangement allows you to use the desk for the dual function of providing a writing surface and also creating a comfortable seating distance between you and the interviewee.

Study Check 5

• Step Four: Plan Basic Questions

A handful of questions prepared in advance should serve as the basis for any type of interview. When planning basic questions, keep your interview objective(s) in mind and use relevant paperwork as your primary source. For example, when preparing for an employment interview, review the job description to identify the required skills for a given job. This review will help you formulate the questions you will need to ask in order to determine whether the applicant possesses the skills and is capable of performing the duties associated with the job. You can also develop hypothetical situations to present to the candidate; this enables the candidate to demonstrate his or her potential. Remember that all of your questions should comply with equal employment opportunity legislation (see Unit 2).

Set Some Limits

Be careful not to list too many questions or to become very specific during this stage. If you have an extensive list of detailed questions, you may have a tendency to read from that list during the interview. This will result in a stiff, formal session, which might make the interviewee feel ill at ease. In addition, using a long list of detailed questions means you run the risk of redundancy if you are compelled to ask every question. Once again, this might make the interviewee feel uncomfortable and wonder whether you are really listening.

Limit yourself to about six broad-based questions. Once you get into the interview, the other questions that need to be asked will follow as offshoots of the interviewee's answers.

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• Step Five: Review Relevant Paperwork

It is pointless to gather all the relevant paperwork you will need if you fail to take the time to review it all just prior to an interview. The timing of this review is important. For example, the information you retain from reviewing relevant paperwork at 8 AM for a 4 PM employment interview is likely to disappear from your memory as the day wears on. You will end up wasting even more time if you review the materials during the interview. However, by reviewing the paperwork just prior to the meeting, the important information will be fresh in your mind when the meeting begins. It will also take you less time to find any information you might need to locate during the meeting in case you do need to refresh your memory. Thus, no matter how "tight" your schedule is, make sure you squeeze in a few minutes just prior to an interview to review the relevant paperwork.

Unit Review

1. The Stages of an Interview
   • Introduction

For maximum effectiveness, every interview should consist of five stages. Each stage has a specific purpose and should take up a certain percentage of the interview's total time. The five stages and their relative percentages are as follows:

1. Rapport-building—2%
2. Introduction—3%
3. Core—85%
4. Confirmation—5%
5. Closing—5%

• First Interview Stage: Rapport-Building

This stage represents a scant but important 2 percent of the total interview. Its dual purpose is to put applicants or employees at ease, thereby encouraging them to communicate openly, and to establish the format for the rest of the interview.

Just how much time should be spent on rapport-building depends on how comfortable the interviewee appears to be. Typically, 15 to 30 seconds is sufficient. While some individuals require a little longer, under no circumstances should this stage of the interview continue for more than two minutes. Applicants or employees who are still uneasy after this amount of time will probably not respond to additional small talk. The best thing to do in this instance is to move on to the next step.

Icebreakers

Begin with icebreaking comments or questions that have no real bearing on the purpose of the meeting. Benign subjects, such as the weather or traffic, generally help interviewees to relax. It doesn't take much effort—simple statements like "I'm glad the construction on the expressway didn't keep you from coming in this morning," or "Can you believe how warm the weather has been so far this winter?" can accomplish a great deal. In fact, weather and commuting are considered by many professional interviewers to be among the safest topics for discussion during this stage of the interview. That's because these topics by their very nature are unlikely to generate any sort of an emotional response, compel anyone to take sides, or turn into a discussion of any depth.

Once these icebreaking statements are made, you may proceed to establishing the format of the interview. Interviewees obviously know what kind of interview is about to take place, but they don't know what to expect beyond that. Outlining what the next hour or so will consist of alerts interviewees to the direction of the interview as well as key areas of focus.

Study Check 6

• Second Interview Stage: Introductory

This stage represents approximately 3 percent of the interview and is intended to accomplish two key objectives: It is another opportunity to make nervous interviewees feel at ease, and it allows interviewers to begin the assessment process. The introductory stage usually lasts from 5 to 10 minutes.

For example, during one of Jordan Saunders's employment interviews, the HR director began with, "It's nice to see you again. I know your campus interview was a bit rushed. I'm glad you were able to come in this morning so we can discuss the information technology opening we have here at Valdart Limited. I'd like to begin by asking you some questions about your college courses as they relate to information technology, any work you've done on a part-time basis in this field, and where you see yourself headed. Then I can tell you about our company in general and the IT division in particular. After that I'll be glad to answer any questions you might have, including those concerning benefits and what happens after we're through here. Let's get started, then. What got you interested in this field?"

This format lets Jordan know from the outset that he could expect to answer questions about his background and future aspirations. He also knew that he would learn about the company and the job, have a chance to ask questions, and find out what would happen after the interview was over. Regardless of how nervous Jordan may have been, he had no trouble talking about his interest in information technology. As he began to relax, he articulated more and more information that acted as a springboard for the interviewer's subsequent questions. In addition, the interviewer was able to begin assessing verbal and organizational skills and observe patterns of body language.

Introductory Questions

Although introductory questions should be about topics familiar to the interviewee, so as not to create undue pressure, they should also be broad enough to help you formulate additional questions. There are many questions and statements that you should avoid during an interview; some classic examples and the reasons to avoid them are shown below.

• During an employment interview don't say: "I didn't get a chance to read your résumé…why don't you bring me up to speed?" This question sends a negative message to the interviewee. The message is that you couldn't be bothered to take the time to prepare for the meeting. It also puts pressure on the interviewee to decide what to say.

• During an employment interview don't say: "According to your résumé…" This is not a question; the interviewer is merely telling the applicant what he or she already knows about himself.

• During a reference-check interview don't say: "Tell me about yourself." This question could yield information that you are not entitled to know from an equal opportunity standpoint (this information is covered in Section 3, Legal Concern). Even if you do not follow up on illegal volunteered information, once you have heard it you may have a problem proving that you did not factor it in to your decision to hire or not hire someone.

• During an exit interview don't say: "Tell me how you felt about working here." This question and its variations put interviewees on the spot. Where should they begin? Do you want them to start with their most recent job? Should they offer a summarizing statement that encompasses everything about their employment with the company? No matter what they decide to say, they can't know for certain whether it's what you want to hear.

Study Check 7

• Third Interview Stage: Core

If you have prepared for the interview and made the transition from the rapport-building stage to the introductory stage, you are ready to move on to the core stage. As the term implies, this is the most substantive segment, representing approximately 85 percent of the interview. The actual length of time the core stage should last depends on the type of interview. It is here that you will gather the bulk of your information about the applicant or employee and examine the information in relation to the interview objectives. This will enable you to make decisions based on facts rather than on intuition or bias.

The three key components of the core stage are as follows:

• Ask enough of the right questions.
• Provide information.
• Answer questions.

Asking the Right Questions

If you can answer the questions for each type of interview shown in the table below, then you have asked enough of the right questions during the core stage.

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Provide Information

Eliciting information about the applicant or employee is only part of the interview; providing adequate, accurate information is also important. Just as interviewers must decide if candidates are appropriate for a job in the case of applicant-related and some employee-related interviews concerning job changes, candidates must decide whether the job and company are right for them. This is particularly true when unemployment is low and applicants can afford to be selective about job opportunities. In other types of interviews, such as counseling and disciplinary interviews, providing information can help get employees back on course and prevent needless grievances or terminations. Naturally, the information you provide will vary according to the type of interview. In each instance, try to anticipate what the interviewee is likely to need and want to know.

For example, when Jordan Saunders began coming in 30 minutes late, he assumed that he could make up the lost time at the end of the day. Neither his manager nor anyone in human resources ever told him he had to be in each day at a certain time. Jordan assumed that as long as he worked eight hours a day, there was no problem. When Jordan met with the HR representative about a job in another division, he was told that he lacked some required skills. Suggestions were not offered, however, as to how he could acquire these skills. Armed with specific information, Jordan might have focused on acquiring the skills he needed so that he could reapply the next time a similar position became available.

The table in Exhibit 2 provides a detailed listing of information you need to provide for each type of interview.

Exhibit 2

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Answer Questions

Despite all the information you provide during an interview, applicants and employees may still have questions. Job applicants, for instance, often have particular questions concerning salary increases, job postings, benefits, flexible work schedules, and vacation schedules. Encourage them to ask these and other questions so that they will leave the interview with a clear understanding of what they will get if they are offered the job. The questions interviewees ask can also provide you with valuable information that may help you with the decision-making process.

• Fourth Interview Stage: Confirmation

The confirmation stage, representing about 5 percent of the interview, offers the interviewer an opportunity to verify what has been learned thus far about the applicant or employee. Sometimes, too, interviewers learn something new during this stage. During the confirmation stage, an interviewer should repeat what the interviewee has said during the interview and ask the interviewee to confirm or elaborate on the interviewer's understanding.

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• Fifth Interview Stage: Closing

Closing represents approximately 5 percent of the interview. The actual time will vary depending on the type of interview, of course. At this point you can ensure coverage of all relevant areas and tell the interviewee what happens next.

To help you determine when it is time to end an interview, ask yourself the following eight key questions:

1. Did I establish rapport at the beginning to put the interviewee at ease?
2. Did I identify the format of the interview, thereby alerting the interviewee to our key areas of focus?
3. Did I begin the interview with an introductory question about a topic that is familiar to the interviewee?
4. Was the introductory question broad enough for me to generate additional questions?
5. Did I ask enough of the right kinds of questions?
6. Did I provide enough information in terms of what the interviewee needed and wanted to know?
7. Did I answer questions clearly and completely?
8. Did I confirm what I learned during the interview?

If you answer "no" to any of these questions, then do not end the interview. Instead, revisit areas that were not adequately covered or addressed. Don't worry about how the interviewee will react; it's better to be thorough.

Before closing the interview, tell the interviewee what happens next. For example, give a job applicant an idea of when he or she may expect to hear from you, whether it is likely that there will be additional interviews, and what to do if he or she has additional questions.

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Study Check 8

• Summarizing the Interviewing Skills

Effective interviewing skills can make any work environment more productive. While there are many different types of interviews, each with its specific objective(s), all interviews share one common goal—to acquire information so that it may be used to make a decision.

Successful interviews begin with five important preparatory steps:

• Prepare relevant paperwork.
• Block sufficient time.
• Plan an appropriate environment.
• Plan basic questions.
• Review relevant paperwork

Once the interview begins, you should establish rapport with some icebreakers. Next you should share the format of the interview and actually begin to seek information by asking introductory questions about topics familiar to the interviewee. The core of the interview consists of asking enough of the right questions, providing information, and answering questions. Wind down the interview with the confirmation stage to verify what you learned, and then close the interview by telling the person what will happen next.

By following these interviewing basics, you lay the foundation for effective interviewing and can progress to the second stage of basic interviewing, legal concerns, with confidence.

Unit Review

1. Legal Concerns
   • Introduction

Every interview you conduct in a business setting requires compliance with Equal Employment Opportunity (EEO) legislation. These laws regulate each of the 12 types of interviews discussed in Unit 1—screening, campus, employment, reference-check, coaching, counseling, grievance, disciplinary, performance-evaluation, change-in-status, termination, and exit. Equal Employment Opportunity laws guide your conduct during an interview.

In order to be sure you comply with relevant legislation when conducting interviews, you should do the following:

• Become familiar with key EEO laws.
• Apply effective guidelines to conducting legal interviews.
• Know which interview questions to avoid.
• Carefully document interviews.

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• Key Federal Legislation

Let's examine five critical areas of EEO legislation and their impact on interviewing. EEO laws exist to ensure all individuals the right to compete for all work opportunities without bias because of their race, color, religion, sex, national origin, age, or disability. There are nearly 30 such federal laws that deal with various aspects of discrimination, pay and benefits, and employment rights. In some instances, state and local laws may differ from federal law. The five areas of EEO legislation are:

1. Equal Pay Act of 1963
2. Title VII of the Civil Rights Act of 1964
3. Age Discrimination in Employment Act of 1967
4. Americans With Disabilities Act of 1990
5. Civil Rights Act of 1991

• Equal Pay Act of 1963

The Equal Pay Act of 1963 requires equal pay for men and women performing substantially equal work. The work must be of comparable skill, effort, and responsibility and be performed under similar working conditions. Coverage applies to all aspects of the employment process, including starting salaries, annual increases, and promotions. This law protects women only. Others who feel they are being discriminated against in matters of pay may claim violation of Title VII.

Unequal pay for equal work is permitted in certain instances, such as, for example, when wage differences are based on superior educational credentials or extensive prior experience. However, this pay difference should diminish and ultimately disappear after a number of years on the job.

Comparable Worth

An important issue related to equal pay is comparable worth. Several states have implemented programs for comparable worth pay, whereby employers are required to compare completely different job categories. Jobs filled predominately by women (e.g., nursing and secretarial positions) must be compared with jobs filled predominately by men (e.g., truck driving and warehouse positions). Point systems determine the level of skill involved in the job as well as the economic value of each position. If the female-dominated jobs are deemed comparable, pay adjustments are made to reduce the difference in wages. Companies are urged to voluntarily assess their hiring practices and work toward minimizing designated female and male categories.

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Study Check 9

• Title VII of the Civil Rights Act of 1964

The Civil Rights Act of 1964 is probably the best-known piece of civil rights legislation. It is also the most widely used because it protects several classes of people and pertains to many employment situations. Title VII of this act makes it unlawful for covered employers to discriminate against any applicant or employee in any employment-related matter, including hiring, firing, compensation, or any other term, condition, or privilege of employment, on the basis of race, color, religion, sex, or national origin. In addition, Title VII prohibits employers from depriving an individual of employment opportunities or adversely affecting an individual's employment status.

Bona Fide Occupational Qualification

There is one primary exception to Title VII protection: An employer may make an employment-related decision on the basis of sex, national origin, or religion in rare instances where such factors constitute a bona fide occupational qualification (BFOQ). All BFOQ-based decisions are difficult to defend. In cases of sex, employers must prove that the excluded gender could not perform the relevant work because of the nature of the work.

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Discrimination Claims

Individuals may claim discrimination under Title VII by showing disparate treatment or disparate impact. Disparate treatment cases involve individuals treated differently based on their race, color, religion, sex, or national origin. In such instances, the plaintiff needs to establish only a prima facie case of discrimination; that is, the plaintiff must show that he or she is a member of a protected class, had applied for and was qualified for a given position, and had been denied the job, and that the employer proceeded to hire someone else.

In disparate treatment cases, the rule or policy complained about is neutral; the application of the rule or policy, however, results in a disproportionately high impact on members of a protected class. For example, suppose an organization relies heavily on employee referrals to fill openings. That policy is, on the surface, neutral. However, if the employees are predominately white males, and most of the referrals are also white males, the policy results in a disproportionately high impact on women and nonwhite males.

Sexual Harassment

The EEOC's guidelines on sexual harassment have become an important part of the Civil Rights Act of 1964. Men or women may be victims of sexual harassment; consequently, members of both sexes may sue for violation of Title VII. There are two types of sexual harassment, quid pro quo and hostile environment.

Quid Pro Quo Harassment

The Latin phrase quid pro quo literally means, "something for something." In essence, this means receiving one thing in return for another. The thing received can be a reward or a threat. Examples are, "I'll give you a promotion if you have lunch with me," and "If you don't have dinner with me, I will accuse you of plagiarism."

Hostile Environment Harassment

This type of harassment requires regular and repeated offensive conduct that interferes with an employee's ability to work. Examples are: telling offensive jokes; using vulgar language or gestures; making sexual slurs and innuendos, suggestive comments, or unwanted physical contact; leering; stalking; and displaying sexual pictures and graffiti.

What Do the Guidelines State?

The EEOC guidelines state that employers are absolutely liable for acts of sexual harassment if a supervisor or manager commits these acts; if rank-and-file employees or nonemployees, such as customers or vendors, commit these acts, employers are liable only if they know or should have known about the situation and failed to take action. Corporate officials, supervisors and managers, HR professionals, individuals who falsely claim sexual harassment, and other employees who spread unproved allegations or gossip may face personal liability.

If your company learns of or becomes aware of an act of sexual harassment, it must take the following actions:

• Immediately conduct an investigation, sharing the facts of the case with only those who truly need the information.
• Gather relevant information by conducting personal interviews with both the accuser and the accused.
• Document all aspects of the investigation.
• Reach a conclusion.
• Take appropriate action.
• Conduct follow-up interviews to ensure that the victim's grievance has been dealt with effectively and satisfactorily, and that the offensive behavior has stopped.
• Age Discrimination in Employment Act of 1967

The federal Age Discrimination in Employment Act of 1967 (ADEA) prohibits covered employers from discriminating against any individual aged 40 or older on the basis of age in all employment-related matters, including hiring, pay, benefits, continued employment, the administration of disciplinary action, and termination. The ADEA also prohibits discrimination against one person in the protected age group by the hiring or promoting of another person who is younger but still within the protected age group.

Bona Fide Executive Exemption

The ADEA contains an exemption for bona fide executives or high-level policy makers who may be retired as early as age 65 if they have been employed at that level for the preceding two years and meet certain criteria. These criteria include exercising discretionary powers on a regular basis; having the authority to hire, promote, and terminate employees; and having a primary duty to manage an entire organization, department, or subdivision.

To avoid age discrimination suits, your company must do the following:

• Use age-neutral language in all publications and job ads.
• Refrain from requiring applicants to provide their age, date of birth or dates of graduation.
• Ask only age-neutral questions.
• Do not deny older workers training, promotions, or transfer opportunities.
• Make certain that poor work performance, supported by comprehensive written performance appraisals and documentation or other "good cause"—and not age—is the basis for all disciplinary action, including termination.
• Americans with Disabilities Act of 1990

The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination against any qualified individual with a disability because of that person's disability. Coverage includes job application procedures, hiring, promotion, transfer, discharge, layoff, training, compensation, and fringe benefits. In addition, the law requires every kind of establishment to be accessible to and usable by persons with disabilities.

Under the ADA, the term disability is defined as a physical or mental impairment that substantially limits an individual's major life activities. The definition also encompasses the history of impairment, the perception of having an impairment, and an association with people who fit with one of the three previous categories (e.g., if an individual's spouse has a disability).

Which Disabilities Are Covered?

Examples of disabilities that are covered include impaired sight and hearing; muscular conditions, such as cerebral palsy and muscular dystrophy; diseases such as cancer, AIDS, diabetes, and epilepsy; cosmetic disfigurements; emotional disturbances; stuttering; smoke sensitivity; tension; and depression. In fact, over 1,000 impairments are covered by this act.

Current users of illegal drugs or alcohol are not protected by the ADA. Also people with contagious diseases or those posing a direct threat to the health or safety of others are not covered by this act. In addition, the ADA specifically excludes homosexuals, bisexuals, transvestites, transsexuals, individuals with sexual behavior disorders, compulsive gamblers, kleptomaniacs, and pyromaniacs.

What Is a Reasonable Accommodation?

Under the ADA, employers are required to make a reasonable accommodation for applicants or employees who are able to perform the essential functions of the job with reasonable proficiency.

Reasonable accommodation includes job restructuring, allowing part-time or modified work schedules, making reassignments, hiring additional workers to aid employees with disabilities in the performance of their jobs, and installing new equipment or modifying existing equipment.

Essential functions are defined as tasks that are "fundamental and not marginal." Employers are encouraged to conduct a detailed review of each job to determine which functions are essential. This should include an assessment of the amount of time devoted to each task.

What Is an Unreasonable Accommodation?

An accommodation is considered unreasonable only in instances where undue physical or financial hardship is placed on the employer. Such hardship is determined according to the overall size of an organization in relation to the size of its workforce, its budget, and the nature and cost of the required accommodation.

Study Check 10

• Civil Rights Act of 1991

The Civil Rights Act of 1991 basically fine-tunes Title VII of the Civil Rights Act of 1964. Specifically, it places a greater burden of proof of disparate impact on employers. This means an employer must demonstrate that the challenged practice is "job related for the position in question and consistent with business necessity."

The Civil Rights Act of 1991 also makes it illegal for employers to use race, color, sex, religion, or national origin as a "motivating factor" for an adverse employment decision, even though other factors also motivated the decision. In addition, it bans test-score "norming"; that is, employers cannot inflate test scores of protected group members to bring them into line with unprotected group members. Also, coverage is extended to US citizens employed at a US company's foreign site, jury trials are permitted, and awards of compensatory and punitive damages are permitted in cases of intentional discrimination.

• Questions about Equal Employment

You are encouraged to consult with counsel in all matters concerning equal employment. The Equal Employment Opportunity Commission (EEOC) can be reached through its Web site at https://www.eeoc.gov or by writing to the US Department of Labor, 1801 L Street, NW, Washington, DC 20507 or by calling (202) 663-4900.

EEO Laws and Interviewing

Please review the five federal EEO laws in terms of the types of interviews they may impact by taking a look at Exhibit 3.

Exhibit 3

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• Conducting Legal Interviews

In general, the questions to steer clear of during any type of interview relate to race, color, religion, sex, national origin, age, and disability. Some questions, however, have traditionally been considered acceptable during an interview, and interviewers may not realize that they are actually discriminatory in nature.

Asking such questions is not, in and of itself, illegal. Rather, once you obtain the information, you may be charged with illegal use of it. Bear in mind that just because you do not directly ask a person—either on the application form or orally—for specific information, he or she may offer it. If this occurs, you are equally liable if a charge of illegal use is made.

Should a candidate provide information that you should not legally have, use the following guidelines:

1. Do not, under any circumstances, write the information down
2. Do not pursue the subject with the applicant
3. Tell the applicant that the information is not job-related and that you want to return to discussing her qualifications in relation to the job opening

A great deal of information that should not be acquired during an interview may be requested for

benefits purposes. As discussed in the text, a bona fie occupational qualification (BFOQ) defense based on gender, national origin, or religion may be raised in rare instances. Look at Exhibit 4, which gives some common topics and questions to avoid during interviews both verbally and, in the case of an employment interview, via the application form.

Exhibit 4

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Preventing Discrimination Charges

Employers typically spend more than $100,000 to defend themselves against charges of employment discrimination. Even if you win, you are not likely to recover any of the money. Also, you should consider the following before you go to court: lost time, productivity, employee morale, and customer perception. Is a court battle worth these risks?

It doesn't take much for a lawsuit to get started. In matters concerning employment, as stated earlier, complainants must only establish a prima facie case. They must show that a job existed, that they are members of a protected group, that they are qualified for the job, that they were rejected despite those qualifications, and that the employer continued to look for others to fill the job. With litigation so easy to initiate, your goal should be to prevent lawsuits, not win them.

While there is no sure-fire way of preventing charges of discrimination, the table in Exhibit 5 shares some guideline that might help you to minimize the chances.

Exhibit 5

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Study Check 11

• Documentation

Documentation is a permanent record of your interview and should be written with care. In matters of applicant-related interviews, documentation enables the interviewer to assess a particular applicant's job suitability. After the interview process has been completed and all candidates have been seen, the interview notes for each applicant should be placed side by side with the job description. The interviewer may then compare the documentation of an applicant's relevant experience, skills, and accomplishments with the requirements, duties, and responsibilities of the available opening as outlined in the job description. Post-interview documentation may also be used to compare the notes of applicants in the final running. Moreover, these notes will prove useful to the original interviewer as well as to others who may consider the same applicants for future job openings.

How Documentation Can Be Used

During employee-related interviews (coaching, counseling, grievance, and disciplinary interviews), documentation serves as an important time line because it identifies by date the details of specific sessions between an employee and his or her manager and/or human resources representative. These notes become particularly significant when an employee or union representative disputes certain events that could lead to changes in employment status.

In assessment and change-in-status interviews, documentation provides a record of observations that can help employees in future jobs. Notes taken during an exit interview can help an organization to identify problem spots and work toward improving the work environment.

Documentation may also be scrutinized as potential evidence in employment discrimination lawsuits. As you write each word, consider whether it may be interpreted to mean anything other than what you intend.

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Use Objective Language

Avoiding subjective language, even if it is complimentary, is an important requirement for effective post-interview documentation. Stated another way, all language that is written down should be objective. For example, saying that an applicant is attractive is a subjective statement. On the other hand, writing, "the applicant's appearance is consistent with the employee image desired by the organization for this position" would be objective.

Objective language generally takes longer to write and requires greater effort. It is clearly much easier to say that someone is attractive than it is to write the objective version of the same thought. However, the term attractive may not mean the same thing to everyone as it does to you; hence, it would not be useful to future interviewers reviewing your notes or even to you if your opinion of what constitutes attractiveness changes over time. In addition, it could create an issue in an EEO investigation.

Imagine that Daniel, mentioned in the Case Study above, is not selected for promotion and claims that the reason is because of his age. After all, you did comment that he has been around for over 30 years and the person who was selected is considerably younger. Daniel files an age discrimination suit, claiming that you all but committed the position to him. He points to your interview notes as partial evidence. Your statement about his tenure could hurt you, as could your comment, "I can't think of any reason not to recommend him for a promotion." Take a look at Exhibit 6 for some specific examples of objective language.

Exhibit 6

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Opinions Are Unwelcome

In addition to avoiding subjective language, interviewers are cautioned against recording their opinions. Avoid using phrases without concrete support, such as the following:

• "I feel . . . "
• "In my opinion . . . "
• "It is apparent to me that . . . "
• "In my judgment. . . . "
• "I think . . . "
• "It is my view that . . . "
• "To me it is clear that . . ." (This example implies that the interviewer has drawn some conclusions, but it fails to identify what information these conclusions were based on.)

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• Effective and Legal Note-Taking

Effective and legal note-taking means that you refer only to facts relative to the interview. In addition, you may want to record direct quotes made by the applicant. The latter is of particular significance when the interviewee reveals some intangible quality that is difficult to record.

Looking for Job-Related Reasons

Imagine that you are interviewing a candidate and you feel that she can clearly handle the duties of the job, but you also have an uneasy feeling about her attitude. Since recording that the applicant has "a bad attitude" would be subjective, you continue to probe until you come across a job-related reason for rejecting her.

You then explore with her the fact that this job requires extensive overtime with little advance notice. Your question to her in this regard might be, "Describe a time in your last job when you were asked to work overtime at the last minute. How did you react?" She replies, "I told my boss I didn't like the idea of being asked at the last minute. I mean, obviously I stayed, but I didn't like it." You might then say, "Are you saying that you have a problem with working overtime, especially on short notice?" She might then reply, "Don't get me wrong; I'll do it—but I would appreciate receiving sufficient advance notice. After all, there is life after work!"

When it is time to write up this interview, you might state, "This job requires extensive overtime with little advance notice. When asked how she felt about this, the applicant replied, "I'll do it—but I would appreciate receiving sufficient advance notice. After all, there is life after work!" By writing up your notes in this manner, you have clearly indicated that the applicant has effectively eliminated herself from the running because she finds one of the job requirements objectionable—working overtime with little advance notice.

Study Check 12

• Summarizing Legal Concerns

Anyone who takes part in the employment process must have a basic knowledge and understanding of EEO legislation. Five of the most significant and far-reaching federal laws are:

• Civil Rights Act of 1964
• Equal Pay Act of 1963
• Age Discrimination in Employment Act of 1967
  · Americans with Disabilities Act of 1990
• Civil Rights Act of 1991

Generally speaking, these laws ensure that all individuals have the right to compete for all work opportunities without bias because of their race, color, religion, sex, national origin, age, or disability. In addition, these laws have an impact on the 12 types of interviews covered in this course—campus, screening, employment, reference-check, coaching, counseling, grievance, disciplinary, performance-evaluation, change-in-status, termination, and exit.

Since it doesn't take much for a lawsuit to get started, your goal should be to prevent lawsuits, not win them. Making certain that every question you ask is relevant, that all applicants are asked the same relevant questions, that you apply requirements and policies across the board, that you treat all employees equally, that you take allegations seriously, and that you think like a juror will help you avoid lawsuits.

Effective documentation can also help you avoid lawsuits. In this regard, use objective rather than subjective language, avoid recording unsubstantiated opinions, and refer only to facts that are relative to the interview.

By familiarizing yourself with key EEO legislation, applying effective guidelines to conducting legal interviews, and carefully documenting your interviews, you can feel confident about progressing to the next course in this three-part series, Effective Interviewing Techniques, which discusses the types of questions to use.

Unit Review