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Legal Issues in Employment Interviews

Legal Issues in Employment Interviews. Presentation for BCOM 401: Business Career Planning and Professional Development Dane M. Partridge, Ph.D. Associate Professor of Management University of Southern Indiana. What’s the Point of BCOM 401?. Nicole Weatherford, RU alum:

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Legal Issues in Employment Interviews

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  1. Legal Issues in Employment Interviews Presentation for BCOM 401: Business Career Planning and Professional Development Dane M. Partridge, Ph.D. Associate Professor of Management University of Southern Indiana

  2. What’s the Point of BCOM 401? • Nicole Weatherford, RU alum: • “Most of the top performers in my company were athletes in school” • Why do you think that was? • Difference between Level Four and Level Five performance • Mindset • Are you competitive in the labor market? (What do you want Er to do if you’re up against a graduate from ‘Big Name U’?) • What do you know? What can you do? Can you put your knowledge into practice? Do you have working understanding of ‘core concepts’? • Graduating seniors should possess body of knowledge, portfolio of skills • Being competitive probably involves more than simply accumulating 120 credit hours w/ 2.0+ GPA, more than “well, like, I had to take a class in that…”

  3. Problematic Topics in Employment Interviews • National Origin • Religion • Disabilities • Age • Pregnancy

  4. Problematic Topics in Employment Interviews • Marital Status • Child Care Arrangements • Background of Spouse • Arrest Record • Credit Record

  5. Employment Discrimination Overview • Discrimination not illegal per se, illegal when due to prohibited reason • Employment under common law is at will • Exceptions to employment-at-will include: • Employment discrimination, such as Civil Rights Act of 1964 (race, gender, religion), Age Discrimination Act, Pregnancy Discrimination Act, Americans with Disabilities Act • Union collective bargaining agreement (“good cause”) • “Wrongful discharge” under common law, such as “public policy” exception (e.g., terminating Ee for refusing to perjure themselves in investigation of Er)

  6. What To Do When Asked an “Unlawful” Question • Ask how the question relates to the job • Answer the question, and ask the same question of the interviewer • Directly refuse to answer the question • Terminate the interview, or • Answer the question behind the question • Can you do the job? • This is the generally recommended response… • Source: www.winway.com/Resume/career/articles/articleseven.htm

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