Principles of Sound Hiring

03/07/07

It happens all too often: An applicant comes in for an interview; it does not go well and he or she doesn’t get the job. The applicant then sues for discrimination – and often wins! Why does this happen ?

Unfortunately, too many managers have an inadequate understanding of employment and discrimination laws as they relate to the hiring process. Personnel professionals at all levels need to understand applicable laws and comply with them at every stage of the hiring cycle:

Advertising – Although advertising techniques rarely cause a legal problem directly, it helps to advertise positions in diverse media markets. This ensures a deep pool of applicants from which to choose future employees. An absence of minority applicants could translate into an absence of minority employees – which in turn often translates into a lack of diversity among managers. The conspicuous absence of minorities in management positions has posed problems for companies in the past, and could be used against your company in a future discrimination claim.

Furthermore, it is generally against the law for a job advertisement to specify that the desired applicants be young, male, female, or within a certain age range. To do so potentially exposes the company to charges of sex or age discrimination. Emphasize qualifications, not personal attributes.

Applications – It’s usually advisable for employers to require applicants to fill out a standard written job application. It forces applicants to state, in writing and with signature, whether they have ever been fired from any position or whether they have ever been convicted of a crime. Often this reveals information that never would have surfaced had the employer relied on the applicant’s resume alone.

Interviewing – There are many potential legal pitfalls during the interview process. Various state and federal laws such as the Americans with Disabilities Act (ADA), the Pregnancy Discrimination Act of 1978, and the Age Discrimination in Employment Act (ADEA) protect many applicants from job-related discrimination. Sometimes even innocent small talk could land your company in court.

To protect your company and your applicants, supervisors should stress the ability of applicants to perform the specific job requirements. For example, in most instances, asking a woman whether she is expecting a child is inappropriate. But asking whether she will be able to work through the December rush or can lift 100 pounds repeatedly is entirely legitimate.