What do hiring managers need to know about conducting a lawful hiring process?

There are many considerations to take into account when making a new hire decision. Foremost among them is awareness of Equal Employment Opportunity laws and how to conduct the hiring process in a discrimination-free manner. Workplace discrimination laws apply not just to employees but also to applicants for employment. This widened pool creates a broad area of potential legal risk and requires vigilance at the earliest stage of the employment relationship.

The main goal of a recruitment and hiring process is to find the best candidate with the skill set needed to do a job successfully. To do this, it is crucial that hiring managers focus on job-related skills and qualifications. Training on this point is key, as managers need to develop sufficient awareness of “protected categories” so they can avoid making decisions based on them. Protected categories include race, sex, gender, religion, national origin, disability, age and various other characteristics delineated under federal, state and local laws.

To focus on job-related skills and qualifications, another step is to be mindful, when crafting a job description and screening resumes, of any preconceived notions a decision maker may have about the “perfect fit” for a job opening. Be open to individuals with varied backgrounds and personalities.

When interviewing, managers should be prepared to ask lawful and appropriate questions that focus on the open position and its duties. Teaching managers about topics and questions to avoid and which inquiries are appropriate and will lead to productive information, can be very effective. Managers should not ask about protected categories or seek information related to protected categories or their associated characteristics. For example, questions about dates of school graduation, or of discharge from military service, might indicate a candidate’s age and should be avoided. Managers also need to be prepared for discussion on appropriate follow-up topics and to address a candidate’s own questions, while remaining on task.

And one of the best pieces of advice for hiring managers? Work with HR! Certain steps of the hiring process - like reasonable accommodation conversations, background checks and documentation related to working in the U.S., are best handled by your Human Resources partners.

Making hiring decisions in a lawful manner is not always intuitive for many managers. Effective training, focusing on skills-based interview questions and highlighting the potential for discrimination, can be an invaluable tool in maintaining risk-free hiring practices.

Learn more about our eLearning training product: Lawful Hiring: EEO Fundamentals for Managers