Interviewing

Don’t make juries use their imaginations! Tell decision-makers to keep interview notes

04/22/2009

Months or even years after the fact, it can be hard for managers to remember what happened during a job or promotion interview. That can be a problem if they have to recall in court the interview and the decisions that resulted. And that can add up to unconvincing testimony, which can cause juries to doubt their sincerity and honesty—and therefore conclude the organization was discriminating.

In interviews, be wary of using ‘points only’ scoring system

04/17/2009

Do you assign points or scores to rank candidates during their interviews? If so, do you explain in writing why the applicant received each score? A new court ruling says you’d better back up those numbers with an explanation or you might just lose points in front of a jury if you’re sued for discrimination.

Using subjective hiring factors? Make sure you can clearly explain later

04/14/2009

Here’s an important reminder to managers and supervisors who interview candidates and use subjective characteristics to make hiring and promotion decisions: They’d better be able to explain exactly what led them to make the decisions they made. Interviewers should keep careful notes, including the specific questions they asked, as well as how the candidate answered the question.

Lost in translation: Remind foreign managers about U.S. age discrimination laws

04/09/2009

Discrimination at work is perfectly legal in some countries, and foreign-born managers and executives who work for U.S. employers may sometimes say things that show ignorance of U.S. laws. Those words can come back to haunt an employer that is sued for age discrimination.

In down economy, it’s more important than ever to track every résumé submission

04/07/2009

If you have a fairly informal job application process, now’s the time to firm it up. The prolonged economic downturn means you’re likely to receive more and more applications. And that means more potential for lawsuits from unsuccessful job seekers.

Promoting? Avoid any appearance of favoritism

03/26/2009

Choosing which of your employees to promote is always difficult, since at least one employee will be disappointed. That can lead to friction or even a lawsuit. That’s why it’s crucial for the entire process to look—and be—as transparent as possible. You simply must avoid any appearance of favoritism.

‘Overqualified’: Legit phrase or lawsuit bait?

03/26/2009

With unemployment at its highest level since 1983, many applicants have far more experience and education than the job requires. But be alert: Advise hiring managers to avoid using the term “overqualified” in front of job candidates or in any written description of them. Rejected applicants could view the term as an age-related code word, thus sparking an age discrimination lawsuit.

Use promotion panel to ensure one manager’s bias doesn’t taint entire process

03/13/2009

Sometimes, a supervisor or manager may favor a subordinate for a promotion because he shares some other relationship that has nothing to do with work. That doesn’t always mean there’s discrimination going on. Protect your organization by using a promotion panel to score and interview candidates. That way, you can root out any favoritism that could affect the promotions process.

Choosing among well-qualified candidates? Consider diverse panel to make decision

01/27/2009

Sometimes employers have the delightful problem of having several qualified candidates for a position or promotion. But that good problem can turn into a legal nightmare if an employer winds up fighting discrimination claims from a passed-over applicant. One approach that helps guard against discrimination charges is to have a diverse panel help make the hiring decision.

Use this simple rule when interviewing: If it could be a slur, don’t say it

01/15/2009

Remind all hiring managers and supervisors that absolutely no racial slurs are allowed during an interview—not even in passing or in jest. Applicants who aren’t hired will get a jury trial if they can show that someone with hiring authority uttered a racial slur.