Monthly Archives: September 2017

Interview “Do”s

What can (and should) you ask in an interview?

I get frequent questions regarding what you can (and can’t) ask during an interview. We’ll look at the DON’Ts next week, but here are some DOs:

  • Stay focus on the facts, don’t get sidetracked with information that isn’t job-related.
  • If you have a job description that is specific to the job and accurately portrays the duties and the qualifications required, use it as part of the interview process. Ask the applicant if he/she can meet the required requirements.
  • Consider carefully “what are the required elements of the job?” — often employers say that a position requires a college degree but unless the job requires the license or degree as a certification, an applicant can probably do the job without a degree as long as they have experience.
  • Ask specific questions about the applicant’s prior jobs/duties and make sure they can do the job; many companies are now asking applicants to “show what they know” and having them actually work on a task to see how they go about making decisions, if they can do the work, etc.
  • Identify any challenges that the applicant will encounter on the job — is there overtime, travel, deadlines, etc.
  • Remind the applicant that if they are selected, he/she will be expected to provide proof of identity and right to work in the U.S. (I-9 form) and may be subjected to drug testing (if your company tests applicants).

New Regs Limit Employers’ Consideration of Criminal Histories

According to Ben Ebbink, attorney with Fisher Phillips, who was speaking at the California HR Conference earlier this week, the FEHC (Fair Employment  and Housing Council) has aligned their regulations with the EEOC’s federal regulations. These regulations went into effect July 1, 2017.
The rules require that an applicant need to show that criminal convictions have an adverse impact on his/her protected class (a fairly easy standard to prove with current research).
If adverse impact is demonstrated, the burden shifts to the employer to demonstrate that its policy is “job related and consistent with business necessity,” and tailored to the specific circumstances, taking into account factors such as those set forth in Green v. Missouri Pacific Railroad, 549 F.2d 1158 (8th Cir. 1975), i.e.,: (i) nature and gravity of the offense or conduct; (ii) amount of time since the offense or conduct and/or completion of the sentence; and (iii) nature of the job held or sought.
What should you do?
Review your policies regarding criminal histories when hiring and make sure you are in compliance with the new regulations.