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It’s Your Last Chance: Finding the right employee through effective interviews 
 
by Mark Jessen May 31, 2005

Without Saying a Word

What your candidate says isn’t the only way to learn more about them. You can also tell a great deal by what their body language is saying. Pay attention to their posture—how are they sitting? Do they maintain eye contact? Do they fidget? A person’s body language can reveal their interest level as well as—to a certain degree—their professionalism.

But be careful not to confuse nervous energy with inattentiveness. The candidate is most likely very nervous, so allow some leeway.

The Legal Quagmire

When it comes to asking questions in a professional setting, there is a caveat that you should be aware of. Certain topics are off limits—no ifs, ands, or buts about it. You cannot ask any questions that can be interpreted as discrimination. In order to prevent any problems that could end up in a courtroom, avoid asking about protected topics.

Who Is Protected? All workers in America are protected against discrimination in any of the following classifications:

  • Race, Color, or National Origin
  • Religion
  • Age—for those 40 and above
  • Gender
  • Marital Status
  • Disability
  • Veteran Status
  • Pregnancy
  • Disabilities

Asking questions about any of these topics—even if done so innocently—is an open invitation for a lawsuit. Avoid them all together. Instead, focus on the job responsibilities. Rather than asking if a religious belief or a physical disability will hinder the candidate in fulfilling the job’s duties; ask the candidate if they can meet all of the duties described in the job posting. If you are interviewing a person with a disability, eventually you will need to know if they will require special accommodations, but this topic is best left until an offer of employment has been extended.

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