Finding the right person
for a job is a difficult task, but asking
the correct questions in an interview can
be an equally difficult task.
The restaurant industry
is known for its high turnover rate. It
is not uncommon to see establishments replace
an employee only months after hiring the
person. This makes interviewing correctly
to find replacements quickly an essential
part of doing operating.
Asking the “wrong”
questions may provoke a lawsuit if an applicant
is not hired. Thus, to avoid potential lawsuits,
proper training of the person who conducts
interviews is worth the investment.
Here are questions an interview
should not ask during the interview:
• Name:
You may not ask why an applicant changed
names or questions that are likely to provide
information about marital status or ancestry.
• National Origin/Citizenship:
Avoid questions about national origin, place
of birth, native tongue, or citizenship.
• Religion/Creed:
You may not inquire about the applicant’s
religious denomination or religious holiday
observance. You may ask available hours,
but should not ask why the applicant would
need a particular schedule.
• Race/Color:
Eliminate questions about race. This will
avoid many future legal problems.
• Gender:
Avoid questions about gender (although this
is usually obvious).
• Arrests:
You should avoid discussion about arrests.
• Pregnancy:
You should not ask questions concerning
an applicant’s plans to become pregnant,
family responsibility, or medical history.
• Family:
Oregon law prohibits discrimination on the
basis of a family relationship without an
important business justification, so you
should be cautious in addressing this subject.
• Marital Status:
This should be irrelevant in the employment
relationship.
• Organization:
You should not ask an applicant to list
organizations to which he or she belongs
if they might identify ethnic or religious
background.
• Disability:
Be particularly sensitive to disability
issues and remind all interviewers that
the Equal Employment Opportunity Commission
has regulations that literally define what
can and cannot be asked during a job interview.
(The short version is that no disability-related
inquires are permitted before there is a
conditional offer of employment).
Here are questions an interviewer may ask:
• Name:
You can ask for a list of names the applicant
has used, and whether the applicant has
worked or attended school under a different
name.
• National Origin/Citizenship:
You must find out whether the applicant
has documentation to prove the legal right
to work in the United States. You will be
required to review documentation when the
new employee starts work.
• Religion/Creed:
You may inquire whether an applicant is
available to work certain hours necessary
to perform that job.
• Age:
After an employee is hired, you can collect
information regarding date of birth (which
is normally necessary for benefit and health
care enrollment). Because state law regulates
labor of minors, you are free to inquire
about age under 18.
• Convictions:
You should always inquire about conviction
records that might have a bearing on work.
• Pregnancy:
If an applicant discloses a pregnancy (which
you should not ask, for legal and etiquette
reasons), you may ask about the anticipated
date of delivery (to plan for the absence).
This list does not guarantee that you will
stay out of trouble, but may help you avoid
at least a few of the legal hurdles when
hiring someone.
