Interviewing and Hiring Lawfully

Employees learn to:

  • Effectively interview applicants using behavioral-based interviewing techniques
  • Avoid unlawful or poorly phrased questions and comments during the interview
  • Select the best candidate and properly document the selection
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Why Train Employees?

The U.S. Supreme Court case, Kolstad v. American Dental Association, and subsequent cases have made clear that employers should train their employees how to avoid discrimination in the hiring processes. Indeed, in Matthis v. Phillips Chevrolet, Inc., the Seventh Circuit Court of Appeals ruled that an employer’s failure to train supervisors how to avoid discrimination in the hiring process amounts to “reckless indifference” such that damages to punish the employer should be awarded.

Clear Law Institute’s online course, Interviewing and Hiring Lawfully, teaches practical skills for lawfully and effectively interviewing applicants for hire or promotion. Course users learn how to:

  • Effectively interview applicants to determine their qualifications for the job using behavioral-based interviewing techniques
  • Avoid unlawful or poorly phrased questions and comments during the interview
  • Select the best candidate and properly document the selection

Who Should Receive This Training?

Interviewing and Hiring Lawfully HR

All human resource professionals, supervisors, and managers should be required to take this training.  In addition, any non-supervisory employee who is asked to interview an applicant or otherwise participate in the hiring process should be required to take this course.

Instructional Design

The best way to learn is by doing.  Through a series of scenarios and interactive exercises, users learn practical skills for conducting effective and lawful interviews and for properly documenting their interviews and hiring decisions.  Two of the interactive exercises from the course are described below.

I. Interview Critique

One of your colleagues, Kelsey, recently interviewed an applicant for an open administrative assistant position. You watch the interview and decide if any of Kelsey’s questions or comments was potentially unlawful, or lawful but poorly phrased.  For example, a few of Kelsey’s questions are listed below.  Can you identify which ones are inappropriate and why?

  • Can I ask you how to pronounce your last name?
  • Why don’t you tell me a little about yourself?
  • My sister went to Lexington High School also.  What year did you graduate?
  • Are you a US Citizen?
  • Would you describe yourself as an organized person?
  • Have you ever been arrested or convicted?
  • Will your spouse be able to look after your children when you travel?
  • Have you ever used drugs?
  • How much are you making at your current job?

II. Note taking

Well-taken interview notes allow you to later compare the strengths and weaknesses of each candidate.  They can also help your decision to not hire a particular applicant if you are ever sued.  However, inappropriate, or poorly written notes can be used against your organization in a subsequent lawsuit.  In this section, you are asked to critique Kelsey’s interview notes.

Accessible to Users with Disabilities

Unlike most training providers, Clear Law Institute ensures that its training is accessible to users with disabilities as required by the Americans with Disabilities Act. Clear Law's training meets not only Section 508 requirements but also the strict requirements of the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA Success Criteria.

Customization and Hiring Resources

The course can easily be customized to include an audio-visual message from your CEO, VP of HR, or other official in your organization. It can also include instruction on your organization’s specific policies relating to the hiring and promotion processes.

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