…Courts have held, on occasion, that such promises made during interviews created contracts of employment.
I am confident you would agree that our society has become quite litigious when it relates to employment-related issues.
Each recruiter, hiring manager, executive, and department manager should perceive that asking illicit interview questions, or making improper inquiries could lead on to discrimination or wrongful-dismissal lawsuits, that are often won or lost based on supported statements created throughout the interview process.
Therefore, it is critical to incorporate risk management into your interviewing strategies to diminish your organization’s exposure to employment practices liability.
You, or your organization, could be suspect of asking illicit interview questions or voicing discriminatory statements or comments that replicate bias. Additionally, it is also possible to make assurances or guarantees throughout an interview, which may be interpreted by candidates as binding contracts. Recognizing these potential pitfalls is the best way to avoid saying the wrong thing throughout your interview sessions.
Most organizations have a minimum of two professionals charge with interviewing and hiring candidates, as well as jointly performing ‘exit’ interviews. It is imperative that organizations have procedures in place to ensure consistency.
It may be wise for organizations to develop interview forms containing objective criteria checklists, as well as lists of interview questions, and illicit interview questions.
These documents can guarantee consistency between interviewers, while producing documentation to support the ultimate hiring decision, should a charge of discrimination be filed within the future by a disgruntled and unsuccessful candidate.
Please see my next article on ‘Interview Issues & Questions to Avoid’ for more detail.