Manager: Interviewing Within the Law Manager Information

Introduction to Interviewing Within the Law Hiring employees who will excel at their jobs is critical to any pet store’s success. The interview process is governed by a number of labor laws that protect the rights of employment candidates. Therefore, it is critical that you understand and carefully follow these legal requirements. Not preparing well for the interview, asking certain types of questions, and taking notes on things irrelevant to job requirements and skills can make your store vulnerable to a lawsuit. By following the practices described in this course, you can help protect yourself and your store from legal action. Although this course specifically addresses U.S. labor laws, it identifies best practices that are applicable to any pet store.

Learning Objectives After completing this module, you should be able to:  Explain the importance of labor laws and the consequences of failing to comply with them.  Distinguish between valid and invalid interview questions.  Explain the principals of behavior-based interviewing.  Distinguish between legal and illegal interview questions.  Explain the purpose of note-taking.

Staying Within the Law Overview In the United States, a number of laws protect employees from workplace discrimination. These laws also apply to job candidates who are interviewing for a position at your store. Lack of preparation, lack of focus on job requirements or failing to use a structured interview plan can all contribute to illegal interview practices. This section addresses:  The main laws that protect employees.  Groups protected from discrimination.  Legal and illegal interview questions.  Required accommodations for employees with disabilities.

The Laws You need to be careful what questions you ask during an interview. Acceptable topics for casual conversation may be inappropriate or even illegal to discuss during an interview. Asking the wrong type of interview question could lead to a lawsuit against you or your store. It is important to remember this because "I did not know" or "I did not mean it" are not acceptable excuses to a judge or jury. You cannot defend illegal interview questions by saying that you were only making conversation or that you did not mean to seem prejudiced.

Consequences of Breaking the Law You can put yourself and your store at the risk of a lawsuit if you are not aware of the legal requirements for interviewing and you do not conduct your interviews according to employment law.

Civil Rights Act (1964) The Title VII law of the Civil Rights Act deals with employment in the workplace. It prevents discrimination based on race, religion, sex, national origin, age, color or disability. It applies to labor unions and to all private sector employers that have 15 or more employees, known as covered employers. The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing Title VII. Age Discrimination in Employment (1967) This act prohibits the age of an applicant who is 40 years or older from being a factor in any hiring decision. Americans with Disabilities Act (1990) The Americans with Disabilities Act (ADA) prohibits covered employers from discriminating against qualified individuals with disabilities. A disability is the restricted capability to perform particular activities. Therefore, employers can no longer eliminate applicants with disabilities from any area of employment, including compensation, promotions, benefits or firing.

Why Some Questions Are Legal or Illegal You can ask specific job-related questions in an interview, such as whether the candidate has the Spanish fluency required for the job, or what reasonable accommodations the applicant needs to perform the job. However, asking personal questions regarding the applicant's religion, age or disabilities is illegal. Medical Screenings & Disability Inquiries Under the U.S. employment laws, it is illegal to conduct pre-employment medical examinations—with the exception of drug screenings—or to make pre- employment inquiries into the nature of an applicant's disability.

Accommodations for People with Disabilities You are required to reasonably accommodate an employee with a disability unless doing this causes undue hardship to your business. You can reasonably accommodate employees disabilities by modifying work schedules, acquiring new equipment or modifying existing facilities. You may also find it necessary to modify minor portions of the job description. However, you do not have to modify the essential duties of a job description to accommodate an employee with a disability.

Issues to Remember The legality of hiring interviews is a serious concern for all organizations. As an interviewer, you need to consider very carefully how to approach an interview. You need to keep the following issues in mind, if you want to conduct a successful interview:  Protected Classes: Groups protected by EEOC regulations are race, religion, sex, national origin, age, color and disability.  Discriminatory Questions: These interview questions discriminate against applicants because of their race, religion, sex, national origin, age, color or disability.  Adverse Impact: Employment practices can appear, on their face, to be neutral, but may have a discriminatory affect or adverse impact when applied to a protected group.  Disparate Treatment: This occurs when an employer limits the job opportunities of an employee, because she belongs to a protected class.  Competencies: These are measurable work habits and personal skills used to achieve a work objective.

Break for Quiz 1