Avoiding Interview-Related Lawsuits

There are two basic types of interview problems-interviewer deficiencies that can be improved with training and discriminatory actions or impacts that may result in compliance actions or lawsuit.

CHECKLIST: Avoiding lawsuits arising out of employment interviews

There is no way to guarantee that you will never be sued. However, employers can do several things that will minimize the risk. Employers should:

____ 1. Design questions carefully, ask only pre-planned questions, ask the same questions of every applicant and document responses.

____ 2. If you are aware that a manager is biased, do not allow that manager to interview. Managers who are biased will reflect those biases in the interview. The biased individual has a tendency to find traits and attitudes that fulfill preconceived beliefs.

____ 3. Treat every applicant with respect and dignity. Pay particular attention to your rejection methods. Although most applicants are rejected, ensure that the methods are professional, respectful and kind.

____ 4. Provide an internal method for rejected applicants to challenge the rejection. Try to understand the former applicant's perspective and, if there is error on the part of the company, rectify the error.

____ 5. Document carefully. It is very important that the interview be documented in two ways-notes taken during the interview and recap documentation which supports a recommendation after the interview is over. Most employers provide forms and instructions to ensure that the record is carefully made and preserved.

____ 6. Audit the process. Do not wait for a third party to review your records and advise you that there is adverse impact in your selection rates or only review the process annually for the affirmative action plan. Know what your selection rates are, and in the event there appears to be an adverse impact, fully investigate the matter. Advise management of risks and enlist managers in finding solutions.