MARKET PLACE
ASK A SILLY QUESTION
Inappropriate interview techniques can result in more than a deflated candidate according to Joe McDermott
Employers are at Risk from Legal Action over Illegal Interview Questions
There are always two sides to a job interview; the potential employee’s side and that of the employer. Many of us will only ever experience being on the potential employee’s side and I can, on behalf of us all, say that this is a very nerve wracking side of the desk to be on.
However, no matter how much preparation a job applicant does before an interview, I can almost guarantee that one thing they don’t think about or consider is whether the questions being put to them are legal. Shockingly, it has come to light that many employers are putting themselves at risk from legal action due to some of the inappropriate questions they ask candidates during the interview process.
Fine line
It is well known that employers are not allowed to discriminate against candidates on the grounds of age, beliefs, disability, gender, race, religion or sexuality but did you know that during an interview it is not only unethical but also illegal for employers to ask candidates questions about their personal lives? Even asking an applicant how old they are could be seen as discrimination.
A recent survey conducted by my company, RecruitSure.com, an online interview skills training service for employers, shockingly revealed that 80 per cent of managers do not receive formal interview training before carrying out their first interview. A parallel survey was also conducted in which jobseekers were asked if they had been asked an illegal interview question in the past 12 months and 34 per cent answered yes. These results indicate that over a third of employers are putting themselves at risk of being sued for discrimination.
These results clearly demonstrate the extent to which interview skills are being neglected. By unwittingly asking illegal questions such as a candidate’s age or about their beliefs, race or sexuality, employers are putting themselves in a very difficult situation which could result in a letter for proposed legal action arriving in their in-tray one morning.
Disturbingly, it is certainly becoming a growing problem as increasing numbers of UK employers are finding themselves in legal difficulties as disgruntled job applicants sue for discrimination after discovering they were not chosen for the role.
This is illustrated by the case of John Reaney who sued the Hereford Diocesan Board of Finance. Mr Reaney was successful in his discrimination claim on the grounds of sexual orientation after being questioned about his previous gay relationships.
He didn’t get the job even though he was told he was an outstanding candidate for the position.
Another recent case was Scottish law graduate Andrew McSorley who decided to launch an age discrimination case against a law firm which rejected him for a position. It is claimed that the law firm insisted on employing newly qualified lawyers as opposed to candidates with experience.
Although Mr McSorley’s experience matched the job description his application was unsuccessful, a rejection the 37 year old firmly believes was down to his age. Mr McSorley now aims to use national statistics to prove that he was unfairly treated by the company.
Sensible approach
It is time for employers to start realising that they can’t get away with taking these type of risks. Employers must start to see interview training as essential not only for themselves but also for any members of their team who will be conducting interviews.
There are plenty of training programmes available for managers which can be conducted either face to face or online using services such as RecruitSure.com, so that employers don’t even need to take time out of the office. RecruitSure.com was developed by a team of HR specialists to help firms avoid the legal pitfalls of interviewing while ensuring that interviewers are still asking the right questions and the site allows you to create professional interview scripts for a whole range of jobs ensuring the questions stay relevant to the applicant and fully compliant with latest legislation.
It’s a well known saying, but something often taken for granted, that the biggest asset a company has is its staff, so it is essential for managers to appreciate that good interviewing techniques are a skill which can only be acquired through proper training.
Unfortunately it seems that managers all too often only realise the importance of interviewing after they hire the wrong person or when they are threatened with legal action for asking inappropriate questions to a candidate.
Joe McDermott is CEO of RecruitSure
There are always two sides to a job interview; the potential employee’s side and that of the employer. Many of us will only ever experience being on the potential employee’s side and I can, on behalf of us all, say that this is a very nerve wracking side of the desk to be on.
However, no matter how much preparation a job applicant does before an interview, I can almost guarantee that one thing they don’t think about or consider is whether the questions being put to them are legal. Shockingly, it has come to light that many employers are putting themselves at risk from legal action due to some of the inappropriate questions they ask candidates during the interview process.
Fine line
It is well known that employers are not allowed to discriminate against candidates on the grounds of age, beliefs, disability, gender, race, religion or sexuality but did you know that during an interview it is not only unethical but also illegal for employers to ask candidates questions about their personal lives? Even asking an applicant how old they are could be seen as discrimination.
A recent survey conducted by my company, RecruitSure.com, an online interview skills training service for employers, shockingly revealed that 80 per cent of managers do not receive formal interview training before carrying out their first interview. A parallel survey was also conducted in which jobseekers were asked if they had been asked an illegal interview question in the past 12 months and 34 per cent answered yes. These results indicate that over a third of employers are putting themselves at risk of being sued for discrimination.
These results clearly demonstrate the extent to which interview skills are being neglected. By unwittingly asking illegal questions such as a candidate’s age or about their beliefs, race or sexuality, employers are putting themselves in a very difficult situation which could result in a letter for proposed legal action arriving in their in-tray one morning.
Disturbingly, it is certainly becoming a growing problem as increasing numbers of UK employers are finding themselves in legal difficulties as disgruntled job applicants sue for discrimination after discovering they were not chosen for the role.
This is illustrated by the case of John Reaney who sued the Hereford Diocesan Board of Finance. Mr Reaney was successful in his discrimination claim on the grounds of sexual orientation after being questioned about his previous gay relationships.
He didn’t get the job even though he was told he was an outstanding candidate for the position.
Another recent case was Scottish law graduate Andrew McSorley who decided to launch an age discrimination case against a law firm which rejected him for a position. It is claimed that the law firm insisted on employing newly qualified lawyers as opposed to candidates with experience.
Although Mr McSorley’s experience matched the job description his application was unsuccessful, a rejection the 37 year old firmly believes was down to his age. Mr McSorley now aims to use national statistics to prove that he was unfairly treated by the company.
Sensible approach
It is time for employers to start realising that they can’t get away with taking these type of risks. Employers must start to see interview training as essential not only for themselves but also for any members of their team who will be conducting interviews.
There are plenty of training programmes available for managers which can be conducted either face to face or online using services such as RecruitSure.com, so that employers don’t even need to take time out of the office. RecruitSure.com was developed by a team of HR specialists to help firms avoid the legal pitfalls of interviewing while ensuring that interviewers are still asking the right questions and the site allows you to create professional interview scripts for a whole range of jobs ensuring the questions stay relevant to the applicant and fully compliant with latest legislation.
It’s a well known saying, but something often taken for granted, that the biggest asset a company has is its staff, so it is essential for managers to appreciate that good interviewing techniques are a skill which can only be acquired through proper training.
Unfortunately it seems that managers all too often only realise the importance of interviewing after they hire the wrong person or when they are threatened with legal action for asking inappropriate questions to a candidate.
Joe McDermott is CEO of RecruitSure
