Employee Manual 2023 - Flipbook - Page 86
APPENDIX H:
INTERVIEW GUIDELINES: ACCEPTABLE AND UNACCEPTABLE QUESTIONS
Interviewing and evaluating applicants fairly is one of the most important and critical stages of the
recruitment process. All search committee members should know what information may
legitimately be sought during the interview. Some lines of inquiry may themselves be viewed as
discriminatory; others have the potential to elicit information that is improper to use in making a
decision. Examples of these areas of concern follow this introduction.
It is critical to conduct lawful employment interviews that meet Equal Employment Opportunity
Commission (EEOC) standards. The guiding principle behind any question to an applicant is, can the
employer demonstrate a job-related necessity for asking the question? It is the intent behind the
question that is important, as well as how the information is used that the EEOC would examine to
determine if any discrimination has occurred.
Because your actions can expose you and the City to legal liability during the interview process, it is
crucial to understand the types of questions that can and cannot legitimately be asked. The litmus
test for an employer is to ask this question: What do I really need to know about this applicant to
decide whether they are qualified to perform this job?
In asking applicant questions, the interviewer should ask their self if this information is really
needed in order to judge the applicant's qualifications, level of skills and overall competence for
the job in question. It is unacceptable to ask questions about a qualification or criteria that will
not affect the way a job is performed.
If you are unsure if you can ask a question; the answer is "NO".
Race and Ethnicity
Applicants should not be asked questions regarding their race or ethnic background during the
interview. There are no job-related considerations that would justify asking an applicant a question
based on race.
Gender/Transgendered Status
Generally, there are no appropriate questions based on the applicant's gender and/or
transgendered status during the interview process. The only exception is if gender is a bona fide
occupational qualification (BFOQ) when the position justifies hiring a candidate of a specific gender,
for example, hiring a female attendant for a women's dressing room in a department store.
However, if the applicant is a transgendered female, they should be treated as such and should be
qualified to apply for the position.
Applicants should not receive disparate treatment on the basis of gender. For example, employers
cannot limit the number of hours worked or impose lifting restrictions based on gender. Federal
prohibition against sex discrimination would be violated if an employer were to treat men and
women differently based on their marital status or existence of dependents (see Marital and Family
Status). It is unlawful to deny a female applicant employment because they are pregnant, planning
City of Plymouth Employee manual - Page 86 – March 2023
