AVOIDING DISCRIMINATION WHEN INTERVIEWING … A MATTER OF SOME DELICACY

An inappropriate or poorly worded question when interviewing a candidate can cause you to run afoul of federal and state anti-discrimination laws that stipulate stiff fines and other penalties. The principles that will help you stay on the right side of the law include:

• Stick to the fundamental responsibilities and skill requirements of the role.
  
  
• Be disciplined when describing the personality of the person you are looking for. Don't say "young," when you mean "energetic" or "someone open to learning." Favor behavior-descriptive terms like "flexible," "good sense of humor," or "focused," when describing personality.

—WHEN DAMAGE RESULTS FROM INTERVIEWING AND HIRING PRACTICES THAT DO NOT FOLLOW THE LAW, THAT PERSON IS ENTITLED TO REIMBURSEMENT—

Given how easy it is to inadvertently open yourself to tough penalties and lawsuits when interviewing, you should make certain you give due consideration to all candidates regardless of whatever affirmative action parameters you may wish to emphasize.

Title VII of the Civil Rights Act of 1964 forbids any executive search consultant to refer candidates strictly based on race, color, national origin, sex, age, marital status or handicap. Other important laws focus on specific areas: The Age Discrimination in Employment Act of 1967 covers age discrimination—which, by the way, only applies to people between the ages of 40 and 70. The Pregnancy Discrimination Act of 1978 says an employer may not discriminate based on pregnancy. And The Americans with Disabilities Act of 1992 protects disabled workers.

There are many other important areas to consider, but as you can see, avoiding discrimination when interviewing can be a matter of some delicacy.