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- What not to ask - avoiding discriminatory questions.
Interviewer Guide
What not to ask - avoiding discriminatory questions.
Don't Ask
- Generally never ask questions related to personal issues:
Age, race/ nationality, children/ family issues now and in the future, where you live, etc.
You Can Ask
- Academic background, if job related
- Ability to travel, if job related
- Memberships of professional groups, if job related
- Ability to work unusual hours, f job related
- Felony convictions and details.
Discrimination
Employers should strive to provide equality of opportunity and select the best candidate regardless of sex, race, disability, marital status, or any other prejudicial issue.
If employers give an unprofessional interview, not eliciting information on experience/ qualifications and where the candidate is not given sufficient opportunity to contribute relevant information; it can suggest a decision has already been made - possible grounds for discrimination.
There are 2 main types of discrimination: direct and indirect.
- Direct is where a person is treated negatively on sexual or racial grounds. Once a complaint is made, it is up to the employer to prove that discrimination has not occurred.
- Indirect discrimination does not have a clear definition. The essential principle is that the complainant must show that a requirement for a job is not justifiable on non-discriminatory grounds, and disadvantages the applicant as they cannot comply.
Avoiding Discrimination
Focus on questions that relate to the candidates ability to fulfil the job description. Any questions related to duties/ responsibilities should be asked from an angle of requirement, e.g. "the position involves working at the weekend, are you able to do this". All candidates should be asked the same questions.
Make sure a panel is not gender or racially biased.
Sex Discrimination
The Equal Opportunities Commission advises against asking questions on marital and family commitments. Asking female candidates if they have a family or whether they intend to become pregnant could be argued as discriminatory, as its asking a question you cannot ask men. It suggests a negative attitude to pregnancy, which is something that can be planned for with alternative arrangements, unlike long-term sick leave. Questions on women's role in the family are unfair and culturally biased to assume a stereotypical role. Questions on childcare arrangements can also be seen as a reluctance to employ women with young children.
Disability
It is unlawful to discriminate on the basis of disability. An employers decision to treat a disabled person less favourably, and/ or fail to make a reasonable adjustment, cannot be justified. It is important to ask if a disabled person needs any special arrangements for interview, e.g. arrangements for guide dog, or wheelchair access.
Age
There is no legislation on age discrimination, but there is a Government Code of Practice.
Checklist
- Ask all candidates the same questions on possible problematic issues, e.g. travel, unsociable hours.
- Consider the impact of disability on an individuals capability to do the job, and the possible adjustments your adjustments your organisation could reasonably make.
- Questions/ Tests should not be culturally biased.
- Keep records of the interview. Papers showing objective comparison between applicants are evidence claims of an instinctive discriminatory decision.