INTERVIEWING AND HIRING TRAINING

Introduction
Hello. Glad you're here. As someone responsible for hiring, you have a direct impact on
building a strong, qualified workforce for your employer. Everything you say and do during the
interviewing and hiring process has a profound impact on your organization, from developing
worker productivity to creating a competitive edge. Missteps on the recruitment path may not
only lead to the hiring of an unqualified person, but may also lead to legal actions against your
employer.

The goal of this training is to make sure you appreciate the gravity of your job. As the voice of
your employer, it is your responsibility to:

• Understand why hiring and interviewing training is important.

• Understand and follow the policy in place.
• Recognize the laws that affect the process.
• Be consistent and lawful when recruiting, reviewing resumes, interviewing, selecting a
candidate, making an offer, and documenting your actions.

Understanding your employer's Policy

Why is it necessary to have a company policy regarding interviewing and hiring
practices?

Your employer wants to be certain that each person representing the company in the
interviewing and hiring process does it properly and consistently. Without such training each
individual could adopt his or her own system for hiring. Not only would such procedures create
unfair hiring situations, but it could also open the company up to legal ramifications.

You are required to review your employer's policy carefully. You should review your
employer's policy in print or open a new browser window to view it on your intranet
at this time.

Laws to Know
It is important that you have a solid grasp of the laws that influence hiring and interviewing
practices.

AFFIRMATIVE ACTION
(Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, Section 402 of the
Vietnam Era Veterans Readjustment Act of 1974) Affirmative actions are activities, plans, or
practices which employers can use to ensure that traditional victims of discrimination will be
fairly represented throughout the work force.

TITLE VII OF THE CIVIL RIGHTS ACT OF 1964

This federal law forbids employers, employment agencies, labor organizations, and apprentice
programs, from discriminating on the basis of race, color, sex, religion, or national origin.

AMERICANS WITH DISABILITIES ACT OF 1990

The ADA makes it unlawful to discriminate in employment against a qualified individual with
disabilities. A person has a disability if he has a physical or mental impairment that
substantially limits a major life activity.

AGE DISCRIMINATION IN EMPLOYMENT ACT

The ADEA prohibits employers from discriminating on the basis of age.
 STATE & LOCAL LAWS
These various laws can also protect against discrimination on the basis of
marital status, sexual preference, and more. Be sure to check on applicable
state and local laws for your area.

Laws to Know-Negligent Hiring

When selecting a candidate, one of your responsibilities is to preserve the safety of
the work environment. If you hire someone you know or should know may be a
potential safety risk to coworkers, customers, property, or vendors, you may have engaged
innegligent hiring.

It is the employer's job to discover an applicant's level of competence by checking references,

criminal record, and other background information.

Laws to Know-Contract Awareness

Watch What You Say

When interviewing an applicant, it is possible to inadvertently create a contract that obligates

your business. To avoid such problems, do not make promises to a potential candidate that
you may or may not be able to make happen.

Such seemingly innocent comments as, "If you do a good job, you will have a long, successful
career with this company" can be harmful. Realistically that is not something you can
guarantee, so be careful not to unintentionally create any verbal contracts.

The best way to avoid making and breaking contracts is to never make promises you can't
keep and to ask the applicant if there are any existing contracts you should be aware of.

Quiz: Negligent Hiring and The Law (Question 1 of 2)

Facts: Rick's brother, Ethan, has been asking for a job with Rick's company for months. Rick
has been reluctant to hire him because of his history of violence and his recent arrest for
beating up his girlfriend. Ethan recently completed domestic abuse treatment, so Rick decides
to give him a chance as a parking lot security guard.
Question: Has Rick opened the door to possible legal problems by hiring his brother?

Yes. Rick is not allowed to hire a sibling.

Yes. If Ethan harms anyone or anything, Rick may be responsible for negligent hiring.

No. As the owner of the company Rick can hire whomever he chooses.

Correct. Rick has created a possible danger to his employees by knowingly hiring a person
with a history of violence. Rick should err on the side of caution, to be sure no one gets injured
at work, thus avoiding the possibility of legal action.

Negligent Hiring and The Law

Question: Which of these classifications is NOT protected by federal law?

Race

Religion
 Sex

Marital Status

Correct. Although marital status may be protected by some state and local
laws, it's not covered by any federal laws.

Suggestions for Recruiting

Being an Equal Opportunity Employer
It is important for all companies, including your own, to list any job vacancies as an Equal
Employment Opportunity employer. This statement assures applicants that your employer is
willing to hire any qualified applicant regardless of his or her sex, age, race, national origin,
disability, religion, or any other legally protected classification.

Proper Advertising
Being an equal opportunity employer means that you have to advertise open positions
properly. Companies must post jobs by advertising by all reasonable and available means,
such as newspapers, trade magazines, job web sites, and unemployment offices.

Although word-of-mouth and other casual recruiting practices may seem like the easiest and
most budget conscious choices for finding job candidates, they are practices that should be
avoided. Such practices may screen out qualified minority candidates and may be seen as a
form of discrimination.

Although once common practice, employers are no longer permitted to post a position that has
a preference for one gender over another. Language should always remain non-discriminatory.
For example, a "policeman" position should now be posted as a "police officer."

The Importance of a Job Description

Making It Clear
The best way to ensure that a candidate is hired based on the requirements of a specific job is
by creating a job description.

A job description is a formal document outlining the crucial aspects of the job and the
requirements for attaining such a position. It should state a summary of the position, job
functions and responsibilities, and reporting duties. It should also contain information
regarding the minimum requirements for knowledge, skills, and other abilities necessary for
the job.

To comply with the Americans with Disabilities Act, essential job functions must be defined in
the job description.

Reviewing Applications and Resumes

When it is time to review the applications and resumes of potential candidates, here are
several things to keep in mind:

• Use the job description as the basis of your decisions.

• Do not think of the job qualifications as a wish list. Attainable and realistic minimum
requirements should be listed in the job description.
• Do not base your choices on skills and knowledge not included in the job description. If
the skills are critical to the job, they should be listed.
• Be consistent.
• Do NOT unlawfully discriminate, consciously or unconsciously against individuals.
• Note any applicants with experience and transferable skills.
 • Identify candidates who possess innate skills and abilities in useful
areas.
• Pay attention to unexplained gaps in job history and short-term
employment.
• Look for parallel career moves.
• Be aware of organizational, not individual, accomplishments.
• Keep an eye out for potential danger that may pose a threat to clients,
employees, and property.
• Note implied levels of education.

Clarifying the Employer-Employee Relationship

At the beginning of the hiring process you should establish the relationship between your
employer and the potential employee. If you do not make such a statement in writing at the
beginning of the process, you may find it difficult to fire an unproductive person down the
road.

Consider including these items in your pre-hiring process:

1. The application form should include a statement positioning your employer as an equal
opportunity employer.
2. Make sure each applicant signs a form giving your employer consent to check
references and contact previous employers. Also include a release from liability for
attaining such information.
3. Include a statement indicating that filling out an application in no way ensures
employment and that it will only be considered for a limited amount of time, generally
30 to 90 days.
4. Clearly state that employment is at-will.

Preparing for an Interview

Your first face-to-face meeting with a job candidate is an important opportunity for you both to
put your best foot forward. To represent your employer properly you should do your homework
before entering the interview.

• Know the job description. Having a good grasp of the job description will make it easier
for you to choose the person best qualified for the specific position.
• Review your questions. Your questions with each candidate should be consistent and
relevant to the position. By reviewing the questions you will be more likely to stay on
track.
• Be aware of questions that could be construed as discriminatory so you will not
accidentally inject them into the interview.
• Know the law and your employer's policies regarding interviewing.
• Realize your own biases and take precautions to keep them in check.
• Check references.

Interviewing Tips
Follow these guidelines when conducting interviews:

• Be a good listener.
• Use the job description to guide your interview.
• Do not ask questions not on your prepared list.
• Ask only job-related questions.
• Do not make promises you and your employer cannot keep.
• Choose a candidate that is most qualified, not necessarily the best organizational fit.
Application and Interview Questions to Avoid
Unfortunately there are a lot of topics that can trip you up in an interview. Here are a few
questions to avoid when addressing a potential employee:

• Do not ask questions about a person's birthdate or age.

• Avoid questions about ancestry, national origin, heritage, native language, or
nationality of parents.
• Do not ask about a person's religion. Also, do not ask if a person can work on Saturday
and Sunday, unless necessary for the position. Such a question may discriminate
against persons of certain religions.
• Be careful to avoid asking about marital status.
• Do not ask questions about plans to start a family or pregnancy status.
• Do not ask about children or daycare plans. Do not ask about disabilities or health
conditions before presenting an applicant with a conditional offer of employment.
(Health conditions such as addictions or prior drug use are included in this category.)
BUT in an initial interview, you can ask the candidate if he or she can perform essential
functions of the job with or without reasonable accommodation.
• Do not ask about arrests. You can ask about convictions, if it is done properly
according to company policy.

Interviewing Questions to Avoid (continued)

Here are more questions to avoid:

• Asking about military discharge or discipline while in the military is inappropriate.

• Avoid asking about veteran status, military reserve, or National Guard participation.
• Do not ask about credit history, wage garnishment, or bankruptcy history.
• Do not ask references about information otherwise unattainable in an interview.
• Do not ask about organization affiliations unless they are job related. Knowledge of
some organizations could reveal protected information, such as race.
• Do not ask about other names used by the candidate unless you clarify that you need
the information to track down educational records or past work experience.

Interviewing Questions to Ask

Now that you are exhausted form reading the list of questions you should avoid while
interviewing, take a look at some of the questions that may make your job a little easier.

Remember that open-ended questions can provide an abundance of information. Not only will
you get an answer to your question, but you will also learn how the applicant organizes their
thoughts and presents them.

Here are some helpful questions:

• Why do you consider yourself the best candidate for this job?
• What skills set you apart?
• What can you tell me about this company that wasn't in the packet of information that
we gave you before the interview?
• What attracted you to this job opening?
• What is an example of a problematic situation you were dealt in your last position?
What did you do to handle it?

Yes and no questions, such as following, may also be necessary for fact finding:
 • Are you of legal age to work?
• Are you legally authorized to work in the United States.
• Have you ever been terminated from a job?
• Can you perform the essential functions of this position with or without
reasonable accommodation?
• Are you currently using illegal drugs or controlled substances?

Quiz: Interviewing (Question 1 of 2)

Question: Which of these questions is not appropriate during an interview?

Do you have plans of getting pregnant in the near future?

Will your religion affect the hours you can work?

Have you ever filed any worker's compensation claims?

All of the above.

None of the above.

Correct. It is improper to ask about current pregnancy status, plans to have children, marital
status, and childcare information due to the bias against women. It is also improper to ask
about religion because it may appear to single out people of certain religions; and to inquire
about any disabilities, health conditions, and previous injuries or diseases. Avoid asking any
questions that appear to discriminate against a protected group.

Quiz: Interviewing (Question 2 of 2)

Question: Which of these questions is okay?

Have you ever used drugs?

Are you currently using illegal drugs or controlled substances?

None

Both.

Correct. Although you cannot ask about prior use of drugs, you can inquire if a
candidate is currently using drugs. It is an important question to protect you from
possible negligent hiring claims in the future. Prior use is considered a health
condition and falls under the protection of the Americans with Disabilities Act.

Selecting a Candidate
Once you have completed all of the interviews, it is time to make a decision. Sit
down with all of your information-resumes, applications, interview notes,
references, and background checks-and ask yourself who has the skills, knowledge,
and experience that best match the posted job description.

Although it may be difficult, steer clear of considering whether a certain applicant

will fit into the dynamic of the department or company. Considering the fit of a
 potential employee is subjective and can, once again, open your employer
up to discrimination charges. Use the job description as your guide!

Extending an Offer
At last it is time to extend a job offer. Be sure not to let your guard down. Every step of
the hiring process has its potholes, so make sure you follow your employer's policy. If
you don't, you could put your organization in a bad position.

The pothole at this stage is creating an unintentional contract. To avoid broad interpretation of
your offer, make the offer as carefully and narrowly as possible. If not, your offer could be
interpreted as a binding contract beyond a scope you and your employer are comfortable with.
Do not expect to easily retract your offer if a candidate has given up something of value, such
as a current job, based on your offer for employment. A court may view your offer as a binding
contract.

To avoid creating unintentional contracts:

• Avoid making promises.

• Clear up any misunderstandings.
• Point out that you are not entering into a contract.
• Do not change your mind about the offer.
• Document the exchange.

Documentation
Documenting the Process
It's important to your employer that you keep thorough hiring records. Be sure you know how
long your employer expects you to retain such materials.

If your employer is under investigation regarding hiring practices, the law requires related
records be kept until the investigation is over and legal action is complete.

What Should You Keep?

Everything involved in the hiring of a candidate should be retained, from notes on resumes and
applications to interview notes. Be sure to keep your comments and notations objective,
factual, job-related and non-discriminatory. If they are not, your employer could face legal
problems, even if such comments did not influence the final decisions regarding the job.

Final Review Quiz: (Question 1 of 8)

Facts: Mary has just completed a long and arduous hiring process for a position in her
company's most skilled area. She is so relieved to have the job filled that she rushes to clear
her desk of all the related documents. She pulls her trashcan over by her desk and proceeds to
dump every last paper connected with the lengthy hiring process into her garbage.
Question: Should Mary have discarded these papers?

Yes

No

Correct. Mary should keep all her records of the hiring process. This will arm her company in
case of a lawsuit. It also may be required by law. She should review her company's policy to
decide how long she must retain the documents.
Final Review Quiz: (Question 2 of 8)
Facts: Todd is filling a high-profile position in his department. He has narrowed
the job candidates down to two, but is unsure of whom to select. Although Megan
has more experience and the right skills for the job, Steve has a lot more in common with the
group he will be working with closely. After mulling it over, Todd decides to hire Steve.

Question: Has Todd made an inappropriate selection?

No. Todd has the final say and can choose the candidate he believes is the best fit

Yes. Todd has not made his choice based on the job description.

Correct. Todd should hire the most qualified applicant. Todd should be careful about hiring a
person who is simply a good "fit". Doing so may discriminate. Todd should make his choice
based on the job description and who is best qualified.

Question: You should ask an applicant to include a picture.

True

False
Correct. You should avoid creating any situation that may appear discriminatory. Inclusion of
a picture opens the door to discrimination on the basis of race, sex, and age. Do not ask for a
picture until after you have hired someone.

Question: Which of these items should not be in an application for employment?

Applicant's age

Applicant's birthplace

Whether applicant has been arrested

All of the above

None of the above

Correct. All of the questions will lead to potential legal problems. Inquiring about age,
birthplace, arrests, prior names, spouse occupation, and child care can all be construed as
discriminatory practices targeting women, elderly, and minorities.

Facts: Bob interviewed Kevin, who was in a wheel chair. During the initial interview Bob asked
Kevin what was wrong with him, why he was in a wheel chair, and whether he could do the job.
Question: Should Bob ask these questions in the initial interview?

Yes, Bob should ask these questions.

No, Bob should not ask these questions.

Correct. In the initial interview Bob should ask whether Kevin can perform the essential
functions of the position with or without reasonable accommodation. Disabled persons are
protected by the Americans With Disabilities Act.

Facts: Steve is interviewing Kurt for a position at his company. Steve thinks Kurt could be a
great hire, but knows Kurt is looking at some of their competitors. Steve tells Kurt that if he
does a good job he should expect to work for the company for life.
Question: Could this statement cause any problems for the company?

Yes, this statement could cause problems for the company.

No, this statement could not cause problems for the company.

Correct. Do not expect to easily retract your offer if a candidate has given up something of
value, such as a current job, based on your offer for employment. A court may view your offer
as a binding contract. When interviewing an applicant, it is possible to inadvertently create a
contract that obligates your business. To avoid such problems, do not make promises to a
potential candidate that you may or may not be able to make happen.

Question: Why should employers have job descriptions describing the essential functions of
the job?

To ensure that a candidate is hired based on the requirements of a specific job.

To comply with the Americans with Disabilities Act, essential job functions must be defined
in the job description.

All of the above.

None of the above.

Correct. Job descriptions should be written and available in order to comply with the ADA and
to assist in finding a candidate based on the requirements of the job.

Facts: Jerry has been having trouble finding people he can depend on. Recently one of his
employees left for a long period of time because he was in the Military Reserve and another
because he was in the National Guard. Jerry would like to find out if applicants are members of
these military units.
Question: Should Jerry ask whether applicants are members of the National Guard or
Reserve?

Yes, Jerry should ask these questions because it is important to his business.

No, Jerry should not ask these questions.

Correct. Jerry cannot discriminate against National Guard and Reserve members as
they are protected from discrimination by federal law.

Conclusion to Interviewing and Hiring Training

Great job! You have completed the Interviewing and Hiring Training program.

• You now have a good understanding of your employer's policy regarding the
procedures for properly hiring employees.
 • You understand the laws that impact your interviewing and hiring procedures.
• You know how to avoid negligent hiring and to avoid entering into unintentional
contracts.
• You have learned necessary recruiting practices.
• You understand the need for a properly written job description.
• You learned the best way to review resumes and applications.
• You have a good grasp of questions to ask and not to ask during an interview.
• You can properly extend a job offer and document your hiring practices.

By clicking on the "NEXT" button below you acknowledge the above. You agree that
you have completed the Interviewing and Hiring Training and that you have read
and will comply with your employer's Interviewing and Hiring policy.

Interviewing and Hiring Training

Perwez Abbas
perwezabbas@gmail.com
Wednesday, May 25, 2011

This certifies that Perwez Abbas has completed the Interviewing and Hiring Training on
Wednesday, May 25, 2011