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Recruiting Strategies: Keep it Legal, continued...

As we discussed last week, you legally must avoid asking interview questions dealing with age, race, religion, gender and other topics. If a candidate offers information, such as, "I will need a flexible schedule because I have four children in elementary school," you can address that concern. Do not, however, pursue that topic further and try to elicit other details or how that will affect their performance on the job.

We live in a very litigious society... one can sue for just about anything. Therefore, every recruiter, hiring manager and executive must realize that asking the wrong interview questions or making improper inquiries can lead to discrimination or wrongful-termination lawsuits, and these suits can be won or lost based on statements made during the interview process. It is important to incorporate risk management into your interviewing plans to help minimize your agency's exposure to employment practices liability. Make it a priority to create specific procedures for your interviews to ensure consistency. For example, develop interviewing forms that contain objective criteria to serve as checklists.

Here are a few examples of legally defensible behavioral interview questions that will assist in uncovering core competencies in an interview:

• What has been a particularly demanding goal for you to achieve? (This question taps into the candidate's achievement orientation and requires them to explain the obstacle and their thought process and actions to overcoming the obstacle)
• Can you think of a situation in which an innovative course of action was needed? What did you do in this situation? (This allows you to uncover whether the candidate can develop creative solutions to work-related problems, and identify potential opportunities and ways to capitalize on them)
• Have you ever been in a situation where you have had to take on new tasks or roles? Describe this situation and what you did? (This question allows you to probe into the candidate's degree of flexibility)
• In your present position, what standards have you set for doing a good job? How did you determine them? (This question allows you to uncover if the candidate has high work standards)

Remember, the burden of proof will lie with you - that you did not use information you extracted from the candidate to eliminate them. So take every precaution and begin to put procedures in place today!