How Not to Conduct a Job Interview
Job candidate’s interactions with a kind potential employer and an overzealous lawyer highlight what not to do when interviewing potential employees.
![A young woman sits at a table for a job interview, facing a businessman and a businesswoman.](https://cdn.mos.cms.futurecdn.net/ji9YPKCdniKp4BdRtG8jmV-415-80.jpg)
“Mr. Beaver, recently I graduated — with top grades — from a private, one-year secretarial and office management program and was sent out on my first job interview to an IT company. It was a Friday, and they invited me to join them for a company BBQ. This was the most enjoyable job interview I could ever imagine — it was like a getting-to-know-you date with a wonderful group of people, and we had the nicest conversation about family, friends, where we all grew up, future plans, marriage, kids, the importance of religion — all the topics that touched on real-life values. These were people — and the owner in particular — who I could see myself working with, not for, it was that warm and friendly.
“The job duties included writing letters to customers, summarizing services we had performed and what the technicians recommended. The owner had me write a letter to a customer based on a typical fact situation. When he read it, his face revealed disappointment, and he said, ‘I think this so-called business college took advantage of you. Your writing skills are poor — and they are critical in our business. But you are a delightful young lady, and so I have an offer. I will pay for your tuition and books if you take a course in Business English at our community college. Complete it successfully, bring me samples of your writing, and if they are good, I will hire you then even if we don’t have a position to fill.’
“When I told my parents all that, Dad took me to see an employment lawyer, who says the company engaged in illegal discrimination by inquiring into areas of my personal life that have nothing to do with the job, and we can get a lot of money in a lawsuit. But I think that would be horrible, punishing a nice employer who just wanted to help me. Mr. Beaver, is that lawyer correct? What should I do? Thanks, ‘Karrie.’”
![https://cdn.mos.cms.futurecdn.net/hwgJ7osrMtUWhk5koeVme7-200-80.png](https://cdn.mos.cms.futurecdn.net/hwgJ7osrMtUWhk5koeVme7-320-80.png)
Sign up for Kiplinger’s Free E-Newsletters
Profit and prosper with the best of expert advice on investing, taxes, retirement, personal finance and more - straight to your e-mail.
Profit and prosper with the best of expert advice - straight to your e-mail.
The minefield of job interviews
I ran Karrie’s situation by Southern California labor law attorney Jay Rosenlieb and his HR consultants, Marinor Ifurung and Tim Moreno.
“Sadly, what was always taken for granted — getting to know a job applicant, for example, at a company BBQ as your reader described — has become an invitation to be sued for a violation of a number of state and federal laws,” Rosenlieb points out, adding, “Beginning in the 1950s and 1960s, there has been a societal movement to eliminate all forms of employment discrimination — in effect, the human element beyond competence. Therefore, you can only ask about things that focus on (1) knowledge, relevant to the job; (2) skills, relevant to the job; and (3) ability, relevant to the job.”
Can they get along? Are they a good fit?
Ifurung points to the frustrating aspect of limiting a job interview to these three things: “It means that an answer to the all-important question of ‘does this person have the ability to get along?’ may not be known until the applicant is hired, and you then discover that you’ve got someone completely wrong for the job, but who met those three criteria.”
Moreno takes it one step further, asking, “How do you determine if this person is going to be the right fit if all you are interviewing on is based on knowledge, skills and ability? This is where an HR manager can be of great help who is skilled in the art of asking appropriate questions and looking for responses which will help you decide (on whether to hire this candidate) now, or should you continue to interview other applicants?”
What not to ask in a job interview
“A potential employer cannot discriminate based on characteristics that fall within protected classes,” Rosenlieb says. He adds that to remove all possible chances of discrimination, even if the questions seem logical at the time, do not ask about:
- Race or ethnicity
- Sex (including sexual orientation and gender identity)
- Religion
- National origin
- Disability (employees are entitled to a reasonable accommodation)
- Age (over 40)
- Pregnancy status
- Marital status
- Genetic information
“That is not an exclusive list and is all the more reason for an employer who only occasionally conducts job interviews to either engage an HR consultant, or arrange for a consultation with one and be brought current on what not to do or ask during an interview,” Rosenlieb underscores.
What happened with Karrie?
Karrie’s attendance at the company BBQ would not be considered inappropriate as long as that event wasn’t considered the actual job interview. If it had been, then all those "do not ask" questions would have needed to be avoided. As for what the lawyer advised Karrie to do: With her permission, I arranged for a conference call with the lawyer she met who recommended that she retain his firm and sue the IT company that declined to hire her.
But before placing the call, I researched him, finding several comments along the lines of, “He virtually forced me to get involved in litigation against my employer, when I really didn’t want to.”
He agreed to speak with us, and I asked, “So tell me, how better off will the world be if this generous employer is sued for being honest with Karrie and showing her such kindness? Did you explain to her the emotional challenges of such litigation, or the consequences of her name in public records as someone who sues an employer?”
His response was to yell several four-letter words and hang up.
“Karrie,” I said, “he just answered your question. Sign up for that class. I want to see just how much your writing improves.”
The young lady replied, “I will, Mr. Beaver.”
Dennis Beaver practices law in Bakersfield, Calif., and welcomes comments and questions from readers, which may be faxed to (661) 323-7993, or e-mailed to Lagombeaver1@gmail.com. And be sure to visit dennisbeaver.com.
Get Kiplinger Today newsletter — free
Profit and prosper with the best of Kiplinger's advice on investing, taxes, retirement, personal finance and much more. Delivered daily. Enter your email in the box and click Sign Me Up.
After attending Loyola University School of Law, H. Dennis Beaver joined California's Kern County District Attorney's Office, where he established a Consumer Fraud section. He is in the general practice of law and writes a syndicated newspaper column, "You and the Law." Through his column he offers readers in need of down-to-earth advice his help free of charge. "I know it sounds corny, but I just love to be able to use my education and experience to help, simply to help. When a reader contacts me, it is a gift."
-
Visa Is the Worst Dow Stock Wednesday. Here's Why
Visa stock is down sharply Wednesday after the credit card company came up short of revenue expectations for its fiscal Q3.
By Joey Solitro Published
-
Another Analyst Moves to the Sidelines on Tesla Stock After Earnings
Tesla stock is spiraling Wednesday after the EV maker's big earnings miss and Wall Street has been quick to weigh in. Here's what you need to know.
By Joey Solitro Published
-
Confused by Annuities? Making Sense of the Different Types
Many investors aren't sure if annuities are a good option for meeting financial goals. Let's look at the different categories, along with their pros and cons.
By Kris Maksimovich, AIF®, CRPC®, CPFA®, CRC® Published
-
Talkin' 'Bout My Generational Wealth: Baby Boomers
With retirement, each generation has different priorities and challenges. For Baby Boomers, it's a matter of ready or not, here it comes.
By Alvina Lo Published
-
How to Avoid a Big Hassle if Your Financed Car Gets Wrecked
How an insurance check is made out for repairs can cause a world of problems if the lienholder is left out.
By H. Dennis Beaver, Esq. Published
-
Estate Planning Strategies to Consider as Election Nears
Are big changes in tax laws coming soon? Not likely, but you might want to take advantage of higher estate and gift tax exemptions well before the end of 2025.
By David Handler, J.D. Published
-
How to Get Your Money's Worth From Your Financial Adviser
A good financial adviser will focus on how your financial planning and investment strategy align with your lifestyle and aspirations.
By Pam Krueger Published
-
Think of Prenups and Postnups as Financial Planning Tools
These contracts provide a clear framework for asset management and protection and are especially useful if you get married later in life.
By Andrew Hatherley, CDFA®, CRPC® Published
-
Congratulations on Your Raise: Three Things to Do With It
We're not saying you shouldn't spend it on a new car, but there are some considerations to guard against lifestyle creep and to help ensure a comfy retirement.
By Andrew Rosen, CFP®, CEP Published
-
Check Off These Four Financial Tasks to Finish 2024 Strong
The new year is a popular time to set financial goals, but now is the ideal time to check how you're doing. Four tweaks could make a big difference.
By Daniel Razvi, Esquire Published