                        INTERVIEWING TECHNIQUES AND 
             LEGAL AND ILLEGAL QUESTIONS IN INTERVIEWING 
 
(The following is taken from an Administrative Personnel Handbook, written and copyrighted 
by E. A. Winning Associates, Inc., 1995. All Rights reserved.) 
 
 
Interviewing Techniques 
 
         1.  There are basically two types of techniques used in employment 
interviewing - structured and unstructured.  Those who are inexperienced in 
interviewing will probably prefer the structured approach or a combination of 
the two. 
 
         2.  In the structured interview, a determination is made in advance of 
the questions and their sequence (as much as possible).  The questions should 
be based on the job description and job specifications.  Preparation for an 
employment interview, then, includes determining what criteria will be needed 
to hire the best possible applicant. 
 
         3.  Structured Interviewing Guide 
 
             a.  Work Experience 
 
                 **   What is your previous work experience? 
                 **   What were your responsibilities in your previous job? 
                 **   Why did you leave your previous job, or why are you 
thinking of leaving your current job? 
                 **   What kinds of work (responsibilities) do you like most?  
Least? 
                 **   Why do you want to work for Winning Associates? 
 
             b.  Education 
 
                 **   What is the highest level of education you achieved? 
                 **   What were your best subjects in school?  What subjects did 
you like least? 
                 **   Have you considered further schooling? 
                 **   Did you have any special achievements in school? 
 
             c.  Career Plans 
 
                 **   What kind of money are you looking for - or - what are your 
salary requirements? 
                 **   What are you looking for in a job? 
                 **   What do you think you can contribute to this Company in the 
way of abilities and experience? 
                 **   What kind of work would you like to be doing in five years? 
 
         4.  Observe the following principles of interviewing: 
 
             a.  Formulate the objective of the interview and the questions to be 
asked before seeing the applicant.  You may, of course, take notes during the 
 interview, but not to the exclusion of listening to the applicant's answers. One 
 of the most common problems  for inexperienced interviewers is thinking of 
the next question rather than listening to the answers being given by the 
applicant. 
 
             b.  Conduct the interview in private and put the applicant at ease 
with general comments about news, sports, weather or about the history of 
Winning Associates. 
 
             c.  Avoid any suggestion of discrimination.  Avoid topics of race, 
religion and politics.  You may not ask about the following:  marital status, 
number of children, race, nationality, religion or age.  That is why it is best to 
limit questions to work related experience and background. 
 
             d.  Don't be dominant, but do control the interview.  Keep the 
interview headed toward obtaining the information necessary to make a 
decision. 
 
             e.  Allow plenty of time. 
 
             f.  After the interview, record all the facts obtained during the 
interview.  Do not write "impressions" on the interview form or application 
blank.  Do write the facts.  Impressions should only be discussed with 
Administration. 
 
         5.  Legal and Illegal Questions in an Applicant Interview:  Although 
some of the following questions have been asked on the application form, the 
interviewer should know which questions asked during an interview may cause 
 a liability for the Company.  The following are from federal law. 
 
             Citizenship: 
 
             If you are not a U.S. citizen, have you the right to remain 
permanently in the United States? 
 
             You may not ask:  Of what country are you a citizen?  You may not 
ask if the applicant, spouse, or parents are naturalized or native-born U.S. 
citizens.  You may not ask the date when the applicant acquired citizenship, 
and you may only require naturalization papers as part of the I-9 requirements. 
 
             National Origin: 
 
             You may ask what languages the applicant speaks, reads or writes 
fluently. 
 
             You may not ask:  the applicants nationality, lineage, national 
origin, or descent; the date of arrival in the U.S., port of entry or how long 
the applicant has been a resident; languages commonly used by the applicant 
or the applicant's "native tongue;" or how the applicant acquired the ability to 
read, write, or speak a language. 
 
             Character: 
 
             You may ask, "Have you ever been convicted of any crime.  If so, 
when, where and what is the disposition of the case." 
 
             You may not ask, "Have you ever been arrested?" 
 
             Notice in Case of Emergency: 
 
             You may ask the name and address of the person to be notified in 
case of an emergency. 
 
             You may not ask the relationship of the person to be notified. 
 
             Experience: 
 
             You may ask about the applicant's military experience in the U.S. 
Armed Forces. 
 
             You may not require an applicant, before employment to produce 
his or her discharge papers. 
 
             Relatives: 
 
             You may ask the name of the applicant's spouse and dependent 
children; the names of the applicant's relatives already employed by Winning 
Associates; and/or the name and address of parents or guardian if the applicant 
is a minor. 
 
             You may not ask the name and address of any relative of the 
applicant, other than the applicant's dependents. 
 
             Age: 
 
             You may require that the applicant submit proof of age if necessary 
for a work permit after actual employment.  You may ask, "If hired, can you 
submit proof of age," or you may make a statement that hiring will be subject 
to verification at the time of hire.  You may ask if an applicant is under the 
age of 18. 
 
             You may not ask to see a birth certificate. (Okay *after* hire.) 
 
             Organizations: 
 
             You may ask about membership in clubs, organizations, professional 
associations, or other associations of which the applicant is a member, 
excluding any organization whose name would indicate race, religion, color, 
national origin, or ancestry of its members. 
 
             References: 
 
             You may ask who referred the applicant to Winning Associates for 
the open position. 
 
             You may not require the applicant to submit a religious reference. 
 
             Religion: 
 
             You cannot ask anything about religion, period.  However, you may 
ask if the applicant will  be able and willing to work the shifts and workdays 
required by the job (if the job requires work on Saturdays or Sundays.) 
Remember that you have a resonsibility to make reasonable accommodations 
for individuals who would not be able to work weekends because of religion. 
 
             Reiteration of the Basic Rule of Interviewing:  Ask only questions 
related to the job or work  involved. 
 
                                  ****** 
Winning Associates specializes in auditing, writing and customizing Employee Handbooks 
and Administrative manuals for smaller companies. The company also produces all manner 
of personnel forms. Descriptions of services, forms, and books can be found in the 
SMALLBIZ library. 
 
Ethan Winning is also the author of "Labor Pains: Employer and Employee Rights and 
Obligations"and the soon-to-be published, "The Bulletproof and Foolproof Employee 
Handbook." 
 
Books and forms may be ordered by calling 1-800-823-6366. Ethan Winning may be 
contacted directly via e-mail at 75613,723 or at (510) 944-1034.
