Policies/Procedures/Resource Guide
Policies, Procedures, and Resource Guides
The 25 Off-Limits Interview Questions
Job interviews present a minefield of legal problems for supervisors. One wrong question could spark a discrimination lawsuit by a rejected candidate. That's why managers should never “wing it” during interviews. Instead, it's best to create a list of interview questions.
Every question you ask should somehow relate to this central theme: “How are you qualified to perform the job you are applying for?” Managers usually land in trouble when they ask for information that's irrelevant to a candidate's ability to do the job.
Federal and state laws prohibit discrimination on the basis of an applicant's race, color, national origin, religion, sex, age, or disability. Some state laws also prohibit discrimination based on factors such as marital status or sexual orientation. Asking questions relating to any of these topics is legally dangerous.
If a job candidate reveals information that you're not allowed to ask, don't pursue the topic further. The “she brought it up” excuse won't fly in court, so change the subject right away.
do not ask the following 25 questions During an interview
- Are you married? Divorced?
- If you're single, are you living with anyone?
- How old are you?
- Do you have children? If so, how many and how old are they?
- Do you own or rent your home?
- What church do you attend?
- Do you have any debts?
- Do you belong to any social or political groups?
- How much and what kinds of insurance do you have?
People's with a disability
The following questions relating to a person's health could result in a lawsuit under the Americans with Disabilities Act (ADA) or state disability law:
10. Do you suffer from an illness or disability?
11. Have you ever had or been treated for any of these conditions or diseases?
12. Have you been hospitalized? What for?
13. Have you ever been treated by a psychiatrist or psychologist?
14. Have you had a major illness recently?
15. How many days of work did you miss last year because of illness?
16. Do you have any disabilities or impairments that might affect your performance in this job?
17. Are you taking any prescribed drugs?
18. Have you ever been treated for drug addiction or alcoholism?
female applicants
Many companies ask female applicants questions they don't ask males. Not smart. Here are some questions to avoid with female applicants:
19. Do you plan to get married?
20. Do you intend to start a family?
21. What are your day care plans?
22. Are you comfortable supervising men?
23. What would you do if your husband were transferred?
24. Do you think you could perform the job as well as a man?
25. Are you likely to take time off under the Family and Medical Leave Act?
Section 503 of the Rehabilitation Act
OFCCP Final Rule to Improve Job Opportunities for Individuals with Disabilities
Utilization goal
The Final Rule establishes a nationwide 7% utilization goal for qualified IWDs. Contractors will apply the goal to each of their job groups, or to their entire workforce if the contractor has 100 or fewer employees. Contractors must conduct an annual utilization analysis and assessment of problem areas, and establish specific action–orientated programs to address any identified problems.
Data collection
The Final Rule requires that contractors document and update annually several quantitative comparisons for the number of IWDs who apply for jobs and the number of IWDs they hire. Having this data will assist contractors in measuring the effectiveness of their outreach and recruitment efforts. The data must be maintained for three years to be used to spot trends.
Invitation to Self-Identify
The Final Rule requires that contractors invite applicants to self-identify as IWDs at both the pre-offer and post-offer phases of the application process using language prescribed by OFCCP. The Final Rule also requires that contractors invite their employees to self-identity as IWDs every five years, using the prescribed language. This language will be posted on the OFCCP web site (coming soon).
Incorporation of the EO Clause
The Final Rule requires that specific language be used when incorporating the equal opportunity clause into a subcontract by reference. The mandated language, through brief, will alert subcontractors to their responsibilities as Federal contractors.
Record Access
The Final Rule clarifies that contractors must allow OFCCP to review documents related to a compliance check or focused review, either on-site or off-site, at OFCCP's option. In addition, the Final Rule requires contractors, upon request, to inform OFCCP of all formats in which it maintains its records and provide them to OFCCP in whichever of those formats OFCCP requests.
ADAAA
The Final Rule implements changes necessitated by the passage of the ADA Amendments Act (ADAAA) of 2008 by revising the definition of “disability” and certain nondiscrimination provisions of the implementing regulations.
Vietnam Era Veterans' Readjustment Assistance Act
OFCCP Final Rule to Improve Job Opportunities for Protected Veterans
Rescission of 41 CFR Part 60-250
The Final Rule rescinds the outdated 41 CFR Part 60-250 in its entirety. However, veterans that were formerly protected only under Part 60-250 will still be protected from discrimination under the revised 41 CFR Part 60-300.
Hiring benchmarks
The Final Rule requires that contractors establish annual hiring benchmarks for protected veterans. Contractors must use one of two methods to establish their benchmarks. Contractors may choose to establish a benchmark equal to the national percentage of veterans in the civilian labor force, which will be published and updated annually by OFCCP. Alternatively, contractors may establish their own benchmarks using certain data from the Bureau of Labor Statistics (BLS) and Veterans' Employment and Training Service/Employment and Training Administration (VETS/ETA) that will also be published by OFCCP, as well other factors that reflect the contractor's unique hiring circumstances. The data will be posted in the Benchmark Database (coming soon).
Data collection
The Final Rule requires that contractors document and update annually several quantitative comparisons for the number of veterans who apply for jobs and the number of veterans they hire. Having this data will assist contractors in measuring the effectiveness of their outreach and recruitment efforts. The data must be maintained for three years to be used to spot trends.
Invitation to Self-Identify
The Final Rule requires that contractors invite applicants to self-identify as protected veterans at both the pre-offer and post-offer phases of the application process. The final Rule includes sample invitations to self-identify that contractors may use.
Incorporation of the EO Clause
The Final Rule requires that specific language be used when incorporating the equal opportunity clause into a subcontract by reference. The mandated language, though brief, will alert subcontractors to their responsibilities as Federal contractors.
Job Listings
The Final Rule clarifies that when listing their job openings, contractors must provide that information in a manner and format permitted by the appropriate State or local job service, so that it can access and use the information to make the job listings available to job seekers.
Records Access
The Final Rule clarifies that contractors must allow OFCCP to review documents related to a compliance check or focused review, either on-site or off-site, at OFCCP's option. In addition, the Final Rule requires contractors, upon request, to inform OFCCP of all formats in which it maintains its records and provide them to OFCCP in whichever of those formats OFCCP requests.