Click here to view a video on unconscious bias in selection.
Since most charges of discrimination result from ignorance of the law, the area’s most likely to give interviewers trouble are discussed below:
“You have an interesting last name; what nationality is that?”
Judge in advance that the candidate may be ‘different and therefore not as good’. In today’s world, interviewers must rid themselves of such stereotypes and make every effort to base selection decisions on such objective criteria as relevant experience, education, basic abilities, and motivation.
Marital Status: There are three questions that often trap interviewers in the sense that they result in charges of discrimination:
It is illegal to ask these questions. One would normally ask them only of women and this of course represents gender discrimination
Children: It is illegal to ask women if they have children, plan to have children, or what arrangements they may have for taking care of children while they are working. This is a violation of regulations on gender discrimination because such questions are only asked or women – almost never asked of men.
Religion: Religion has no relevancy at all to anyone’s ability to perform satisfactory on a given job. There are cases, however, where religious beliefs prohibit people working on specified days. If the job for which the individual is being considered requires working on those specified days, certain accommodations must be made. Interviewers cannot reject such applicants on this basis alone.
Age: Interviewers who reject applicants on the basis of age alone lay themselves and their employees open to possible charges of discrimination. Confronted with the question of age, interviewers are on safe ground when they hire or reject on the basis of such objective criteria as appropriate experience, relevant education, and adequate level of basic abilities suitable to the job in question. There are some situations, however, where age can be discussed. For example, it is a legal requirement for employment.
An individual with a disability is defined as an individual with ‘a physical or mental impairment that substantially limits one or more of the major life activities’ and for whom there ‘is a record of such impairment’ or who is ‘regarded as having such an impairment’. Today, there is only one criterion where the selection of a handicapped person is involved: “Can the applicant, with proper accommodation, do the job?”