Interviewing applicants is a crucial part of the hiring process. To ensure your organization is staffed with top performers, you must begin by recruiting top talent. However, finding the right candidate is just as important as conducting interviews in a compliant and non-discriminatory manner.
Recent executive orders have stressed the importance of hiring based on merit and not based on protected characteristics. While this has always been the case through laws like Title VII and other non-discrimination laws, it is especially important in today’s political climate.
The entire hiring process, from your job description to interviews to promotions and more, needs to be non-discriminatory in nature and give all employees a fair opportunity to succeed and advance in your company.
Discrimination in hiring can lead to legal ramifications and create a negative reputation for your company. Below are key steps to help you conduct structured, unbiased, and effective interviews.
Preparing for the Interview
Here are some things you and your team should do to prepare for all interviews.
- Define the Role: Clearly outline the job responsibilities, required skills, and qualifications to ensure they align with the current requirements for the position. A well-defined job description helps prevent subjective assessments that could lead to discrimination.
- Expand Your Recruiting Areas: Top performers are difficult to find. By diversifying your recruiting areas, you increase the likelihood of attracting a broad range of qualified candidates. Consider advertising positions on platforms that promote diversity and inclusion to ensure equal opportunity. If you are able too, hiring remotely is also a great way to attract top talent. You are guaranteed to get an influx of resumes and applications if your job position is open to remote employees.
- Create a Structured Interview Plan: Develop a standardized list of questions that cover key areas such as experience, skills, and education. Using a consistent set of questions for all candidates helps eliminate bias and ensures each candidate is evaluated based on the same merit-based criteria. Avoid illegal interview questions that relate to personal characteristics protected under anti-discrimination laws, such as age, marital status, religion, or nationality.
- Review Resumes and Applications: When reviewing applications, establish objective search criteria. If you have high-volume positions, determine how many applications you will review to maintain consistency. Avoid making assumptions based on names, addresses, or other personal details that could lead to unintentional biases.
- Disposition Applicants: Clearly defined and objective disposition codes will assist in explaining why an applicant was not selected. Having documented reasons for hiring decisions helps defend against potential claims of discrimination.
Conducting the Interview
It is very important that all interviews are conducted in a similar manner to ensure you are evaluating all candidates based on similar criteria. Use these tips as you start your interview process.
- Train Interviewers: Provide training on appropriate interviewing techniques and behaviors, including what questions are legally permissible. Training should include unconscious bias awareness to help interviewers make fair and objective hiring decisions. It is crucial to educate interviewers on illegal questions at a job interview to ensure compliance and avoid legal issues.
- Ask Open-Ended Questions: Encourage detailed responses by asking questions like "Explain how you have performed this task…?" or "How do you approach this…?" These questions allow applicants to describe how their previous experience or education aligns with the open position, preventing the interviewer from making assumptions.
- Behavioral Questions: Behavioral-based interview questions help predict future performance by focusing on past experiences. Examples include:
- "Describe a challenging project you worked on and how you managed it."
- "Tell me about a time you had to resolve a conflict at work. How did you handle it?"
- Technical Questions: For roles that require specific expertise, ask technical questions relevant to the job, such as:
- "How do you handle data analysis in your current role?"
- "Describe a time when you had to troubleshoot a technical issue."
- Cultural Fit vs. Inclusion: While it is important to understand how a candidate will integrate with your team, avoid using "cultural fit" as a way to reject candidates based on personal biases. Instead, focus on "value alignment" by asking:
- "What type of work environment do you thrive in?"
- "How do you adapt to different team dynamics?"
- Create an Interview Panel: Panel interviews help eliminate bias by incorporating multiple perspectives in the hiring decision. Ensure the panel includes members from different departments or levels to provide a more balanced assessment of candidates.
Evaluating the Interview
After all candidates have been interviewed, it is very important to organize all of your notes and discuss the candidates with the other interviewees. This evaluation will help you determine the best and most qualified candidate for the role.
- Take Notes: Document key points from the interview, focusing on how the applicant’s responses align with the job requirements. Avoid noting personal characteristics that are not job-related.
- Assess Responses: Evaluate answers based on predefined criteria and the applicant's ability to articulate their experiences and skills. This ensures a fair assessment process.
- Compare Candidates: Use objective measures to compare applicants' responses and qualifications. Avoid making decisions based on gut feelings, which can be influenced by unconscious bias.
Ensuring a Non-Discriminatory Interview Process
Making sure you conduct all interviews and follow-ups in a non-discriminatory fashion is very important. Here are some things to consider when going through this process.
- Understand Legal Compliance: Familiarize yourself with both employment laws and anti-discrimination laws, such as the Equal Employment Opportunity (EEO) regulations and the Americans with Disabilities Act (ADA). These laws prohibit discrimination based on race, gender, age, disability, religion, national origin, and other protected characteristics.
- Avoid Inappropriate and Illegal Questions: Never ask illegal questions in an interview that relate to personal information. Example can include but are not limited to:
- "Do you have children?"
- "What is your native language?"
- "Do you observe any religious holidays?"
- "How old are you?"
- Instead, all questions should focus on job-related qualifications. For example, instead of asking, "Do you have a disability?" You can ask, "Are you able to perform the essential functions of this job with or without reasonable accommodation?"
- Provide Reasonable Accommodations: Reasonable accommodations apply to the interview process as well as after a candidate gets hired. If a candidate requires accommodations due to a disability, be prepared to discuss the accommodation with your employee and consider all options when it comes to the accommodation. This could include offering alternative formats for written tests, adjusting the interview location, or allowing additional time for assessments.
- Use a Rating System: To ensure fairness, use a structured rating system to evaluate candidates based on predefined competencies. This helps reduce subjectivity in decision-making.
Follow-Up with Candidates
Now that you have selected a candidate for the job, it is time to follow up with other candidates who did not get the position. This shows a level of respect for their time and interest in your company and should also be done in a compliant manner. Doing so can also boost your reputation among job seekers and future candidates will expect a level of respect and transparency when they interview with you also.
- Provide Feedback: Offer constructive feedback to applicants, whether they are selected or not. This demonstrates professionalism and helps applicants improve for future opportunities.
- Inform Candidates of Next Steps: Clearly communicate the next steps in the hiring process to successful candidates. Timely follow-up shows respect for the applicant's time and interest.
Tips for Effective and Non-Discriminatory Interviews
Interviewing can be a challenge. Preparation is key to ensuring you get the most out of each interaction with candidates to select the most qualified person for the role. Here are some other tips that can help you accomplish this:
- Be Consistent: Ask the same core questions to all applicants to ensure a fair comparison.
- Listen Actively: Pay close attention to the applicant's responses and ask follow-up questions for clarity.
- Create a Positive Experience: Ensure the interview process is respectful and professional, leaving a good impression of your organization.
- Stay Objective: Focus on skills, experience, and competencies rather than personal characteristics.
- Monitor and Review Hiring Practices: Regularly review your hiring process to ensure compliance with legal standards and best practices.
What Compliant Interviewing Means for Your Organization
By following these steps, you can conduct thorough, effective, and non-discriminatory interviews that help you identify the best candidates for your positions, while ensuring fairness and compliance. Prioritizing structured and unbiased interviews will lead to better hiring decisions and a more inclusive workplace.
Our team of compliance experts at OutSolve can help you during every step of your HR compliance journey. Reach out to us today to learn more about what we can do.