Legal Update - March, 2003
Ten Suggestions for Effective Interviewing

Too often, we get hung up on what we can’t ask during an interview. The truth is there are a host of things that we can ask to find out whether a candidate has the “right stuff.” Of course, one of the frustrating aspects of the hiring process is predicting whether candidates will succeed. While not fool-proof, effective interviewing can help you distinguish stronger prospects from weaker ones. Following are Ten Suggestions for Effective Interviewing to assist you in making sounder hiring decisions:

1. Take the Hiring Process Seriously

Make time for interviews and give them the attention they deserve. Hiring is serious business.

2. Know Your Hiring Criteria; Hire Against a Standard

Know the behavioral traits, characteristics, experience, skills, and outcomes required for the position. Develop a position profile that transcends a job description. The profile should outline what success would look like if you had the ideal individual fill the position. This has several components. Specify what the candidate will be doing at your organization. Identify the most important outcomes the candidate will need to deliver for your organization. Assess the education, skill, and experience that the candidate must possess to succeed. Determine the behavioral traits that the candidate must possess to be successful in the position. Discern the personality that best fits with your organization and culture. Hire only those candidates who meet your hiring criteria.

3. Prepare

Prepare for an interview just as you would any business meeting. Read the candidate’s resume and relevant correspondence before the interview. Know what you want to ask the candidate. Prepare several questions prior to the interview so that you don’t have to wing it. In addition, watch out for the “Halo Effect.” A particular candidate may have gone to the same school you did or may have similar interests to yours, but if he or she does not have the requisite traits, experience, and fit for the position, the individual’s school and interests are irrelevant. Again, well-prepared questions can help you.

4. Be Polite

Courtesy is essential; you can only make a first impression once. It will be much easier to attract candidates who are treated well during the interview process. Moreover, you want candidates who are not offered a position to think highly of your organization.

5. Don’t Let Legal Concerns Prevent You from Learning about the Candidate

Although federal and state law restrict the ability of an employer to ask questions that discriminate against a candidate on the basis of a protected status, this does not mean that you are prevented from learning about an applicant. Probe a candidate’s skills, ability, experience, prognosis for success, and fit with your organization. To avoid making prohibited inquiries, ask yourself the following two questions:

1. Do I really need the information to assess a candidate’s skill, ability or experience for the position? (If so, ask the question.)
2. Will the answer to my question, if I use it to make a hiring decision, rule out members of one sex or a minority or other protected group? (If so, rephrase your question or don’t ask it.)

6. Follow the 80-20 Rule

A great way to learn about candidates is to follow the 80-20 Rule: Listen approximately 80% of the time and speak 20% of the time. By doing so, you can increase your chances of making informed judgments, exhibit interest in applicants, and reduce the likelihood of making inappropriate remarks.

7. Conduct a Behavioral-Based Interview

Because past performance is probably the best predictor of future success, behavioral-based questioning is generally the most effective interviewing technique to use. In addition, it is an excellent way to avoid asking unlawful or inappropriate questions. To conduct a behavioral-based interview, you will want to ask open ended, rather than leading, questions that (a) focus on the circumstances, (b) ascertain what actions the candidate took, and (c) reveal the results the candidate achieved. Examples include:

• What was your most challenging project with your last employer, and how did you go about meeting the challenge?
• Please tell me about a time when you persuaded a subordinate to accept an approach to problem solving different from yours.
• Tell me about a situation with your current employer where your actions reflected its core values.
• What was your most significant achievement at ABC Company? What did you do to make it happen?

You will want to probe further to find out more about the candidate and how he or she handled various situations.

8. Listen to the Answers and Use Follow-Up Questions

A candidate’s answers can be telling. Sometimes what a candidate doesn’t say is revealing. Invariably, you should ask follow-up questions to clarify vague answers and learn more about a candidate’s thought process.

9. Entertain and Evaluate Questions from Candidates

While you want candidates to talk more than you do, you can also learn about them through the questions they ask. Are the questions perceptive? Do they reflect a genuine interest in your organization? If a candidate fails to ask questions, what does that tell you?

10. Check References

In this litigious age of negligent hiring and workplace violence lawsuits, it is critical to check references – or at least to try. To avoid the “name, rank and serial number” approach, many employers have candidates sign a release and consent form authorizing prospective employers to speak with their former employers.

While interviewing is more art than science, following these Ten Suggestions may help you avoid asking inappropriate questions, improve your interviewing techniques, and assist you in finding the rights persons for your organization.

Funkhouser Vegosen Liebman & Dunn Ltd. publishes updates on legal issues from time to time for the use of its clients and friends. They are merely informational and do not constitute legal advice. We welcome comments or questions. If we can be of assistance, please call or write: Jon Vegosen, 312.701.6860, , Rochelle Dyme, 312.701.6845, , or your regular FVLD contact.

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