Job Applicant Screening and Interview

Question:

After many years with almost no turnover, our District is at the point where it needs to hire additional employees.  Because it has been so long since we have had to hire anyone, we are somewhat daunted by the task.  My most vivid memories are of trying to avoid asking illegal questions!  Any suggestions?

Answer:

You are absolutely right to be concerned about how to go about hiring additional employees.  Not only is the hiring stage a critical point in our ongoing efforts to recruit and maintain the most productive workforce possible, but many laws place limits on what an employer can do in screening would-be employees.  But take heart, as the laws do permit employers sufficient leeway to avoid many of the most troublesome employees.

Discussion:

When the task may seem insurmountable, it may be helpful to consider your primary motivation in making your screening and hiring process as effective as possible.  While precise statistics are difficult to come by, most managers will confirm that a large portion of their headaches come from a small portion of their workforce.  Not only is it a relatively small group of employees which requires a disproportionately-high amount of managerial time, but these same employees will often have higher absenteeism rates and/or higher likelihood of Workers' Compensation claims.  Every bad apple kept out by effective applicant screening will have a direct impact on operating costs.

Another initial consideration is the tools you have or should have available to you.  One of the most important tools available—which, unfortunately, is also one of the most underutilized—is the job application.  Every applicant should be required to fill in a job application completely, even where a resume is presented, as well; you should not permit applicants to short-cut the application with "See attached resume."  The application used should also go beyond mere collection of data.  The application, which must be signed by every applicant, should be the first contract made between the District and the applicant.  The District promises to consider the applicant for the position, and the applicant promises (depending on the District's needs) to (1) grant the District permission to contact former employers; (2) grant the District permission to obtain driving or criminal records; and/or (3) submit to a drug screening or physical examination.  In addition and where applicable, applicant's signing the job application may also acknowledge their at-will status or agree to submit all disputes to binding arbitration.

Another tool is the in-person employment interview.  Just as athletic events are not decided upon review of existing statistics, the hiring process should never proceed without a personal interview with the applicant.  Of course, that does not mean employers should not conduct a little pre-game scouting!  Ideally, at least one pre-hire interview will take place after the hiring manager(s) have had the opportunity to conduct reference checks, obtain a background or driving record, and confirm past employment.  At a minimum, any interviewer should have reviewed the entire application, looking for possible red flags or other areas to focus their attentions.

One easy place to start is questions about a person's past work experience.  Start the applicant talking not only about what he or she did at previous jobs, but about how he or she felt about the jobs and about people with whom the applicant worked.  Do not forget to ask about the applicant's objectives: What does he or she expect from this job?  The most qualified applicant possible is one with both the skills and the expectations which will mesh well with your District.

In interviewing, always seek to follow the 80-20 rule: let the applicant do 80 percent of the talking, while the interviewer(s) focus on listening.  There are several reasons for this.  Not only will you obtain a more detailed picture of the applicant's qualifications and interpersonal skills, but minimizing the amount of talking by the interviewer will help prevent the interviewer from inquiring into areas forbidden by law.  As you are undoubtably aware, laws prohibiting employment discrimination also prohibit pre-employment inquiries which would identify an individual as within a protected classification.  Some questions are clearly inappropriate: "What church do you attend?" or "Are you HIV positive?"  Other questions are more deceptive.  For example, enforcement agencies have complained that inquiring into which clubs or social groups an applicant spends time is really a back-door way to examine the applicant's religious or ethnic practices.

Fortunately, there is almost always a legal way to obtain the information which the employer is entitled to in making its hiring decisions.  Often this is accomplished by taking a problem question and determining what information is really sought.  For example, the question about clubs or social groups might be intended to determine whether the applicant has strong ties to the community.  Rather than ask about clubs, take a step back: let the applicant know that you are looking for someone who will be around for a while and ask the applicant to explain why he or she is the right person for the job.  Likewise, an inquiry into how an individual will get to work every day is generally viewed as inappropriate (as it might identify someone as a member of a particular racial or ethnic group), but asking the applicant whether there is any reason why they would not be able to be at work on time every day would be both proper and sufficient to obtain the necessary information.  To help avoid inappropriate questions, the interviewer might consider preparing a list of potential questions, reviewing them with other managers or legal counsel, if necessary.

Once an applicant has gone through the interview process, the hiring process is not over.  For example, the interview might uncover additional references or facts which warrant checking.  For example, if you comply with the procedures required by the Fair Credit Reporting Act, you may lawfully obtain a credit report of new applicants.  Likewise, telephone calls to personal references may prove useful.  More importantly, the District should conduct drug and alcohol screening and background checks on any applicant who completes the interview stage.  Again, the hiring process is the simplest way to avoid problems: keep trouble out before it gets in.

Because of its importance, and because the law places limitations on what information an employer can use in making employment decisions, the hiring process can be very intimidating to even the most experienced managers.  There is a lot of risk in hiring any applicant, ranging from productivity issues to workplace safety.  But while the law does set guidelines to follow, our hands are not completely tied.  If we take advantage of the tools we have available, and we pay attention to the areas the law prohibits, the hiring process can be more successful.  We cannot guarantee 100 % success rate; sometimes the best research and preparation is not enough.  But if you ignore the tools available, you are simply taking unnecessary chances with your District's future.