Wednesday, August 10, 2011

Don't Ask THAT!

Are you confident in your knowledge of questions employers cannot ask when interviewing candidates?

You may be surprised at how many questions should not be asked. It’s wise to prepare yourself so that you won’t "slip" when interviewing and in doing so, put your organization at risk.

Among questions considered "off limits" are the following:

Questions about an applicant’s medical history, including whether the individual has ever filed a worker’s compensation or disability claim, or has ever been hospitalized, and if so, for what condition.

Questions that would reveal whether an applicant has a mental or physical disability. You may disclose the essential job functions of the position applied for and ask whether the applicant can perform these with or without reasonable accommodation.

You may not request the age, date of birth, dates of high school or college graduation or other questions that tend to identify age.

An applicant’s religion is a topic that is also off-limits. You may not ask about religious days observed, however: If there is a requirement that applicants work weekends, the application form may state the regular days, hours or shifts worked and you may ask applicants whether they can fulfill those requirements.

Questions about an applicant’s arrest record have been found to be discriminatory. You may ask whether the applicant has ever been convicted of a crime for which they have not received a pardon, however you should state that a conviction will not necessarily disqualify the applicant from employment.

Under the category of sex and pregnancy discrimination, other impermissible questions include inquiring whether an applicant has children, is pregnant, or has plans to get pregnant. Similarly, you should not request an applicant’s maiden name, as marital status is considered a protected classification.

Do not ask for a Social Insurance Number without a legitimate reason. A S.I.N. is not a prerequisite for working in Canada, however: You may ask for it should you wish to conduct a background check, or seek RCMP clearance.

Lastly, employers must not ask questions that require an applicant to disclose his or her national origin or ancestry, including a request for place of birth. Likewise, employers cannot require a photograph to accompany an application without a legitimate business reason.

I (Karla) once took a call from a client seeking an administrator, who asked us to present candidates that were "fit." When asked for clarification, I learned that in their field of sports and entertainment, it is key that staff represent the ideals of a fitness lifestyle. I didn’t sense improper motives, but their wording was risky. It takes informed preparation to ask safe questions and get the desired results.

As for what you should ask, that takes careful preparation and thought as well. Never “just wing it” or you’ll do yourself and your organization a great disservice. Gut feelings are helpful in many situations, but don’t let them hijack smart and thorough candidate interviewing.

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