Dresser & Associates is Now Part of Net@Work!
X
Net@Work | Dresser & Associates
We are extremely pleased to announce that Dresser & Associates has joined Net@Work, one of the most respected Sage Software Partners in North America and an award-winning end-to-end technology solutions provider. You will see very little change relative to your Sage Software support, really just a name change.

Our existing staff will all be joining Net@Work and will continue to provide the excellent level of service and support our customers have come to expect. Our entire team is very excited about joining Net@Work and the ability to bring even more knowledge and resources to all of our clients.

Thank you for your continued business and we look forward to our ongoing relationship.

Mark F. Dresser, Dresser & Associates, Inc | mfdresser@dresserassociates.com
Read Message from Mark Dresser | Read the Full Press Release | Visit Us at www.netatwork.com
Dresser & Associates
GoToAssist

Hiring

Do's & Don'ts of Interviewing Job Applicants

It's okay, even essential, to inquire into an applicant's abilities and qualifications.
Just be cautious about delving into the following lines of questioning.

Family Issues

A line of questioning that all too frequently arises, particularly for women, is that of family responsibilities or circumstances. You may not discriminate against candidates simply because they are married or have childbearing plans. Assuming your real concern is the employee's availability, state the time requirements of the position and ask if they can comply with those requirements.

Don't ask: “Do you have, or plan to have, children?” or even, “Do you wish to be addressed as Miss, Mrs., or Ms.?”

Ask: “Can you work the days and hours I have described with a high degree of regularity and predictability?”

Age-Related Questioning

The mere inquiry about age could deter some people from applying for a position, having an adverse effect on older applicants. Avoid questions, therefore, that even indirectly elicit an applicant's age. Otherwise, you may have to prove that age played no part in your decision not to hire.

Don't ask: “What year did you graduate from high school?” (This forces applicants to identify their age, give or take a year, since most people graduate between age 17 and 18.)

State: “Your employment will be subject to verification that you meet legal age requirements.

Inquiries Regarding Religious Beliefs or Practices

Avoid inquiries into an applicant's availability for work, or the need for an accommodation, due to religious practices. The Equal Employment Opportunity Commission has concluded that such inquiries are prohibited unless (a) asking these questions does not have an exclusionary effect on an applicant who will need religious accommodation or (b) such inquiry is justified by a business necessity.

Don't ask: “What is your religion?” or “What religious holidays do you observe?”

Ask: “Can you work the days and hours I have described with a high degree of regularity and predictability?”

Arrests vs. Convictions

Asking about prior convictions is lawful under most circumstances. In fact, it's even recommended to protect you against negligent hiring claims. But the EEOC takes the position that asking about arrests “tends to discourage application by those with arrest records and tends to induce false or incomplete answers for which the applicant may be penalized.” Because such requests have a proven adverse impact on certain racial groups, and are marginally related to most job qualifications, the courts will seriously scrutinize any arrest record inquiries.

Don't ask: “Have you ever been arrested?”

Ask: “Have you ever been convicted of a crime?” (In most jurisdictions, this question must be accompanied by a statement that a conviction will not necessarily disqualify the applicant from the job.)

Disability Related Questions

The Americans with Disabilities Act forbids you from making pre-employment inquiry into whether an applicant has a disability or, if the disability is apparent, inquiring into the nature or extent of the disability. You may, however, inquire about the ability of a job applicant to perform job-related functions.

Don't ask: “Do you have any physical disabilities or handicaps that would interfere with your ability to perform the job?”

Ask: “Can you perform the functions of the job with or without reasonable accommodation?”

Questions About Economic Status

Economic studies indicate that certain minority groups are disproportionately economically deprived. Asking applicants if they have ever had wages garnished, declared bankruptcy, or own a home may have an adverse impact on minorities. Not only may such inquires be viewed as evidence of discrimination, they may also violate some state laws, as well as various federal statutes, including the Consumer Credit Protection Act and the United States Bankruptcy Code.

Don't ask: Any questions about wage garnishments, personal bankruptcy, home or car ownership.

Ask: (if car travel is required by the job) “Do you have the use of a reliable car?”

Ask the wrong interview questions and you could be sued by a rejected applicant.

Interviewing job applicants is an important way to gauge their suitability for employment. But to minimize your exposure to legal liability, you must conduct your interview in a non-discriminatory manner. If your questions, however innocent, appear to discriminate against protected classes, you will have to prove they didn't affect your hiring decision.

The guiding principle is that any questions you ask should focus strictly on the applicant's ability to perform the job. In order to do this, you must know beforehand the specific requirements of the job. What technical or other skills are necessary? What time commitment is required (overtime, travel, hours of work) and what is the necessary educational background?

You may find it useful to prepare a list of relevant and appropriate questions prior to meeting with an applicant. As you do, avoid the pitfalls described in this brochure.


Article excerpted from The Do's and Don'ts of Interviewing, by Erik J. Belanoff, Esq., Dean L. Silverberg, Esq. and Evan J. Spelfogel, Esq. Epstein Becker & Green, P.C.

  • Overview
  • Associations
    • Associations
    • Talent Management and Employee Retention
    • Employee Relations and Employee Benefits
    • Training and Development
    • Compliance and Legal Help
    • Business Management
    • Payroll
  • State & Federal Government
    • State & Federal Links
    • Law
    • US Department of Labor Links
    • OSHA
    • Government Printing Office
    • Federal/State Tax Information
    • HIPAA
    • Federal Tax Calculators/Reporting Forms
    • Safety
    • Articles on Diversity & Affirmative Action
    • Affordable Care Act
  • General/Miscellaneous
    • HR Websites
    • Recruitment Websites
    • Talent Management Sites
    • Payroll and Taxes
    • HR/Payroll Newsletters
    • Training, Development, and Software Websites
  • HR Metrics
    • HR Metrics
  • HR/Payroll Challenges Solved
    • Cyber Security
    • Human Resources
    • Recruitment & Staffing
    • Compensation & Payroll
    • Compliance
    • Talent Management
  • Magazines
    • Human Resources
    • Benefits
    • Payroll
    • Recruitment & Performance Management
    • General Business
  • Training Development & Talent Management
    • Training & Development Articles
    • Talent Management
  • Payroll/Wage Hour/Compensation/Benefits
    • Payroll Articles
    • Wage Tax Info
    • Employee Benefits
    • Articles on Severance Pay
    • Records and Reporting
  • Recruitment/Staffing/Job Boards
    • Job Boards
    • Hiring Articles
    • Contingent Staffing Articles
    • Relocation
  •  
  • Overview
    • Hey Dresser, Make my job easier!
    • Sage HRMS Video -- The Solution for a New Era of HR
    • HRMS - More Than Just an Administrative Tool
    • ROEI: Return on Employee Investment
    • I want a solution to...
    • Assessing Your Needs
    • What's New
    • Sage HRMS Overview
    • Why Sage HRMS?
    • Comparison
    • What is an HRIS?
    • HRIS Checklist
  •  
  •  
  • Software & Services
    • Sage HRMS Overview
      • Take a Tour
      • Deployment Options
      • Product Briefs and Feature Sheets
    • Sage HRMS
      • Employee Self Service
      • Benefits Enrollment
      • OrgPlus
      • Train
      • Crystal Dashboard
    • Time and Attendance
      • Sage Time and Attendance by Insperity
    • Sage HRMS Extensions
      • Multi-Lingual ESS
      • HR Actions
      • Alerts and Workflow
      • Benefits Messenger
      • Sage Add-Ons and Utilities
      • My Workforce Analyzer (ACA)
    • Payroll
      • Sage Tax Filing Services
      • Outsourced Payroll Options - Sage Payroll Services
    • Recruiting
      • Cyber Recruiter & Cyber Train
      • Hyrell
    • Sage HRMS Talent Management
      • Learning Management
      • Performance Management
      • Cornerstone Product Demos and Flash Videos
      • Cornerstone Success Stories
      • Cornerstone Video Success Stories
      • Feature Sheets
      • PerformancePAM
    • Accounting Integration
      • Accounting Integration Software
      • Timberline Integration
  •  
  •  
  • Support & Training
    • Dresser Support
    • Support Programs
    • Sage Customer Portal
    • Sage Employer Resources
    • Contact Support
    • Free Webinars and Online Training
  •  
  •  
  • Total Care
    • Total Care Program Resources
      • Free Webinars and Online Training
      • Month by Month Training Calendar
      • Dresser & Associates Customer Portal
      • Payroll Resource Center
      • Tips & Tricks
      • User Group Conferences
      • Alliance for Workforce Management
      • HR Management Blog
      • Connect with us on Social Media
      • Newsletters
      • HR Best Practices and Whitepapers
      • Knowledge Center
      • Affordable Care Act
      • HR Selection Tools
    • Partners and Alliances
      • HR & Payroll Forms
      • Take Advantage of Tax Credits
      • Sage HRMS Payroll Tax Forms and eFiling
      • Purchasing Power (premier employee purchase program)
      • Background Screening Services
  •  
  •  
  • Special Offers
    • Affordable Care Act Survival Kit
    • Switch from Sage Abra Suite to Sage HRMS
    • 2015 Year End Closing with Sage Payroll
    • Sage HRMS Benefits Messenger - Electronic Carrier Connections
    • HR & Payroll Forms
    • Sage Alerts and Workflow
    • Dresser & Associates Total Care Program
    • E-Verify
    • Health Plan Information on 2012 W-2's
    • Pennsylvania ACT 32
    • Sage ERP Promotional Offer
    • Cost of a Bad Hire
    • The Power of Partnership
    • Lower Payroll Processing Costs
    • Sage Timberline Payroll Integration
    • Multi-Lingual Employee Self Service Tools
    • Social HR: How Social Collaboration can make Employees more Productive
    • Preparing for OFCCP Compliance
  •  
  •  
  • Company
    • Contact Us
    • What Makes Dresser Different?
    • Referral Rewards Program
    • Client Testimonials
    • Press Releases
    • Associations
    • Awards & Recognition
  •  
  •  
  • Blog
  •  
  •  
  • Customer Portal Login
  •  

BE THE FIRST TO KNOW SIGN UP FOR THE LATEST NEWS

Effective Design, Implementation & Support to meet your HRMS needs

  • HR Software
  • Demo Center
  • Support & Training
  • HRIS Selection Tools
  • Knowledge Center
  • Resources
  • News & Events
  • Contact Us
  • Privacy Policy
  • Terms of Use
  • Site Map
  • Legal
Sage Chairman's Club Sage Authorized Partner

Dresser & Associates is a leading provider of HR Software & Payroll Solutions to New England, the Mid Atlantic, South East and Gulf Coast.

243 U.S. Route 1, Scarborough, Maine 04074 | Toll Free: 866-885-7212 | ascsi@secetrdfnm.sseoiaoro

Regional Offices: Maine | Pennsylvania | Georgia | Florida

© Copyright 2021 Dresser & Associates, Inc.