8 Questions a Hiring Manager Should Never Ask

Most people who conduct job interviews aren't actually experts in hiring. In theory, recruiters should be (although, I've heard some horror stories about "professional" recruiters as well), but most hiring managers hire maybe one person per year. As a result, most hiring managers never become experts in hiring.

Job interviews should be designed to find people who are the most qualified for the job and who would also be the best fit for the department. You want to make sure you hire people who are reliable, talented, and will fit in. The desire to do this can sometimes lead a hiring manager to ask questions she shouldn't ask. Additionally, sometimes hiring managers have prejudices that should be set aside for hiring. Remember, the only the thing you should be concerned with is the ability to do the job. Nothing else should matter.

I asked attorney Cortney Shegerian, of Shegerian & Associates, what are some questions that people ask that they shouldn't. Here's what she said:

• Will you need time off for personal reasons?
• Is anyone in your family disabled?
• Do you have any serious health conditions or disabilities?
• How old are you? How many more years do you plan on working?" (Basically, any age question should be avoided unless you are making sure the person is not a minor)
• Are you religious? What do you believe in?
• What race do you identify with?"
• What gender are you? Are you transgender?
• What's your sexual orientation?

Basically, these are questions which give you information you can't use to make your decision. (Technically, sexual orientation/transgender status isn't a protected class in all states, but the EEOC is arguing it is and most likely the federal courts will agree. Regardless, it's irrelevant to someone's ability to do a job and legal or not, you're a jerk if you use this as part of your decision-making process.)

The first question, "Will you need time off for personal reasons?" seems like a reasonable question at first. You need to know if someone is going to reliably there. However, it can elicit responses which are illegal to consider. For example, "I'm going to need to take time off in six months because I'm pregnant." Ooops, now if you reject the candidate, you've got to prove that you didn't reject her because of the pregnancy. If you didn't ask, you wouldn't know and can't be accused of pregnancy discrimination.

Under the Americans With Disabilities Act (ADA), you have to make reasonable accommodations for a disabled employee, so you might think it makes sense to find out before you hire. However, like the question above, if the person says yes, then you're in the uncomfortable position of having to prove that you didn't consider their disabilities if you don't hire the person. Instead, let the person say what accommodations she may need during the negotiation phase of the hiring process. If she doesn't bring it up, you don't need to ask.

Race, gender, age, religion, are all irrelevant in the hiring process (except for making sure someone is over 18). You may be shocked at this as the job applications you've filled out have asked you for your race. This is for reporting to the federal government, and the data should be separated from the application.

Remember, when you interview someone, keep to things that are relevant to the actual job. Save the chit-chat for after the person is hired. Don't ask anything that you don't want to use in your hiring decision.

Source: http://www.inc.com/suzanne-lucas/8-questions-a-hiring-manager-should-never-ask.html

Are Anti-Harassment Efforts Falling Short” Yes, Says EEOC

Folks, loyal readers, here is a guest post blog from an esteemed, experienced trial lawyer in Los Angeles. Cortney Shegerian practices employment law in Los Angeles, California at her firm, Shegerian and Associates. She has mediated over 100 cases. Let’s hear what she has to say:

Sexual and non-sexual harassment is currently the number one reason why employees file complaints against their employers with the EEOC, and a new report may have discovered why these complaints are filed so frequently.

The Equal Employment Opportunity Commission recently released a report that showed anti-harassment strategies in the workplace are not as effective as they should be. The report showed that training efforts, which have been in place for over 30 years, are not effective in actually preventing harassment since they focus more on avoiding legal liability than stopping the behavior.

Harassment can happen to anyone, but the EEOC did identify a number of factors that could put employees more at risk of being a victim to harassment. These risk factors include:

• Lack of diversity in the workplace

• Workers who do not conform to workplace norms

• Cultural or language barriers

• External events that could impact employees’ prejudice (for example, terrorist attacks could cause some people to harass Middle Eastern employees)

• A workplace full of young workers

• Workplaces with significant power disparities

• Employees who receive tips or work in customer service

• Employees who do low-intensity tasks

• Isolated workspaces

• A culture that encourages alcohol consumption

The report also found that simply having a harassment policy in place is not enough to prevent it from occurring. In fact, many employees do not file complaints because they fear retaliation from their employers. According to the report, three out of four employees who are harassed because of their sex, race, religion or disability do not report it because they fear they will be blamed, called a liar or punished.

How can employers put an end to harassment? It is the employer’s responsibility to create an open and honest culture within the workplace where employees are encouraged to do the right thing and speak up when they are being harassed. Company culture is built at the top and makes its away down through the organization. Senior level executives and upper level management need to be responsible for setting the tone in the workplace.

To stop harassment, the EEOC also suggests a complete revamp of training procedures to include courses on bystander intervention and the basics of workplace civility. The latter will not focus on the specifics of harassment, but rather on how to respect one another in the workplace. Bystander intervention courses teach employees the importance of reporting inappropriate behavior and supporting their peers. It has been used on college campuses and proven to be successful, according to Chai R. Feldblum, Commissioner of the EEOC.

Finally, the EEOC has a number of resources available to employers, including a toolkit of compliance assistance measures for employers. The agency also plans on launching a campaign called “It’s On Us” to target harassment in the workplace. This campaign will be similar to the one that they launched to raise awareness about sexual assault on college campuses.

For more information about employment law in California, see http://www.shegerianlaw.com.

Source: http://www.sanantonioemploymentlawblog.com/2016/07/articles/discrimination/guest-post-are-anti-harassment-efforts-falling-short-yes-says-eeoc/