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Potential Legal Problems in a Job Interview

Potential Legal Problems in a Job Interview. By Gary Jenkins. Outline. Illegal interview questions Consequences to the company How to avoid asking impermissible questions. Illegal Interview Questions. Obvious. Not So Obvious. Possible Consequences. Compensatory Damages

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Potential Legal Problems in a Job Interview

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  1. Potential Legal Problems in a Job Interview By Gary Jenkins

  2. Outline • Illegal interview questions • Consequences to the company • How to avoid asking impermissible questions

  3. Illegal Interview Questions Obvious Not So Obvious

  4. Possible Consequences • Compensatory Damages • Future monetary loss • Emotional pain • Suffering • Loss of enjoyment of life continued

  5. Possible Consequences (cont.) • Punitive Damages • Civil Rights Act of 1991 • Money paid to victim as punishment to the company • Up to 300,000 continued

  6. Possible Consequences (cont.) • Damage to the Company’s Reputation • Loss of costumers • Increased turnover

  7. What Can I Do to Avoid Asking Illegal Interview Questions?

  8. Know the Major EEO Regulations • Title 7 • Civil Rights Act of 1991 • The Americans with Disabilities Act of1991 • Age Discrimination in Employment Act of 1967 • Pregnancy Discrimination Act of 1978

  9. Keep it Job Related • Ask questions related to the characteristics in the job description • Avoid friendly but personal questions

  10. Keep it General • Make sure questions relate to everyone • Develop structured Interview questions • Do not ask questions that single out a group

  11. Phrase Questions Carefully Bad Good

  12. Review • Some illegal questions are obvious, but some are not • Intended or not, charges of discrimination are costly to the company • Familiarize yourself with EEO laws, and structure questions accordingly to avoid problems.

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