Havre Job Service Employers'
Committee Employer Resource Guide
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Havre Job Service Employers'
Committee Employer Resource Guide
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What Types of Questions Should Not Be Asked?The interviewer should avoid questions
such as:
·
Has the individual ever filed a
discrimination suit? ·
Has the individual ever filed a
workers’ compensation claim? ·
Has the individual ever attempted to
organize a union? Inquiries into the applicant’s
financial status, unless a business necessity, can also be discriminatory. For
example, inquiries concerning car ownership, rental or ownership of a house, and
past garnishment of wages may be discriminary. If financial inquiries are a
business necessity, the employer must follow the requirements of the Fair Credit
Reporting Act. If you receive negative information about an applicant during a
reference, you should ask the applicant for his/her side of the story. If you
still have questions or are having difficulty differentiating between finalists,
you may administer an additional selection procedure or procedures. The Equal Employment Opportunities Commission
offers two broad guidelines that are useful reference checks:
1.
Will
the answers to the question, if used in making a
selection decision, have a disparate
effect in screening out minorities and/or members of one sex, i.e.,
disqualifying a significantly larger percentage of members of a particular group
than others? 2.
Is this information really needed to judge an applicant’s competence or
qualification for the job in question? Research seems to indicate that the
reference check has more use as a verification of information provided by the
applicant rather than as a predictor of job success. Until additional methods
for checking references are developed, other applications are not generally
recommended. |
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