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Risk Management Bulletin

Hiring Hazards to Avoid

By August 5, 2015No Comments

job-interview (1)Maintaining adequate staffing levels at a business inevitably means that employers must go through the interviewing and hiring process. While many employers, especially small business owners, rely mainly on intuition to select the right employee, there is far more to the process. In fact, in today’s litigious society, there are some strict rules to abide by when it comes to interviewing potential candidates. Here are the hazards to avoid during the hiring process that will avoid placing your business in legal hot water.

Avoid Focusing on Personal Issues
Legally, an employer is not allowed to obtain personal information about an applicant in order to determine if they are fit for a position. For example, it is illegal to ask a candidate, “How long do you expect to live in the area?” Additionally, it is illegal for an employer to consider personal information that the candidate volunteers. If the employer asks the candidate to “Tell me about yourself” and the candidate reveals personal details, the employer cannot legally use the information as a basis for hiring or not hiring. Instead, employers should phrase the question as, “Tell me about your previous professional accomplishments”

Interview Questions Must be Consistent
Sometimes hiring biases creep into interview questions even when employers don’t mean for them too. For this reason, it’s important to develop a set list of questions before interviewing starts and to ask only those questions to each candidate. Questions must revolve around how the candidate would perform the job they are interviewing for and how they have performed in previous positions. Avoid asking off-the-cuff questions even when a good rapport is established with an interviewee.

Reference Checks
Interviews are only one step of the hiring process. Thorough reference checks are another vital component to hiring the right individual. First, verify that the reference can actually provide you with relevant information. Many candidates use friends who don’t have real insight into their work habits. Next, ask open-ended questions such as, “Why did the candidate leave your organization? These will solicit a more detailed response than simple yes or no questions.