Unlawful
Questions
Made
Legal
Safeguard your company and your career from potentially serious legal
jeopardy by understanding how to make your recruiting legal while still being able
to acquire the information you need. Below are a number of interview questions
that would be deemed unlawful in many so-called advanced
countries along with strategies to deal with them.
Unlawful
Subject 1:
NATIONALITY
Certainly, it is important to know whether a candidate can legally work
within the country, but it's necessary to be careful how the question
is asked. These questions address citizenship, language and other
sensitive subjects.
1. DON’T ASK
“What is your citizenship or visa status in this country?”
While this seems like a common sense question that determines whether
the person can legally be employed, it could also be alleged to be discriminatory on
the basis of nationality. Rather than inquiring about citizenship,
question whether or not the candidate is authorized for work.
DO ASK
“Are you authorized to work in this country?”
2. DON’T ASK
“What is your native language?”
This question could also be deemed prejudiced on the basis of ethnic
background and may be offensive to people from certain
countries. It is not relevant to the job what language the candidate
learned first only that they are fluent.
DO ASK
“In what languages are you fluent in reading, speaking or writing?”
3. DON’T ASK
“When did you start living here?”
It is reasonable to want to know how adapted the candidate is to the
country but it could be misconstrued as biased if the question is asked
directly. It is best to ask a general question and infer the
information.
DO ASK
“Do you have other addresses not listed on your resume where you can be contacted?”
Unlawful
Subject 2:
RELIGION
It is valid that you need to know a candidate’s availability to work
the long hours typically required of senior managers of multinational
companies. Sometimes a people’s religious adherence may not enable them
to do what is required and this should be understood beforehand so as
to prevent disruption to their life and the business.
1. DON’T ASK
“What is your religion?”
It is objectionable (and offensive) to ask such a question directly
since it could easily be seen as judging a person by his religion. It
is best to just ask when they are available to work.
DO ASK
“What schedule can you work?
2. DON’T ASK:
“Which religious holidays do you need time off for?
As with the previous question, it is critical to word the question in a
manner that is relevant to the needs of the business and does not
appear discriminatory.
DO ASK:
“Are you able to work the hours we require?”
3. DON’T ASK
“What social organizations are you active in?”
The question is another that could be taken as intrusive to the
person’s political or religious affiliations. It must be worded as
relevant to the role.
DO ASK
“What industry relevant associations and clubs are you involved with?”
Unlawful
Subject 3:
AGE
The wisdom that can come with age and experience are just as important
as the energy and enthusiasm that come with youth. That said, most
so-called advanced countries have laws that prohibit age discrimination
and for good reason. Who is to say that older people are less energetic
or that younger people lack suitable experience. Within Asia, many
candidates believe that age is a reasonable determinant of a person’s
suitability for a management position and are open to talk about the
issue.
1. DON’T ASK:
“How old are you?”
It is unreasonable to presume that an old person does not have the
vigour to run a business effectively or that a young person may be too
inexperienced. Therefore, the question is unacceptable apart from
confirming their legal working age.
DO ASK:
“Are you over 18 years of age?”
2. DON’T ASK:
“How many more years do you want to work before retirement?”
This question could also be deemed as discriminatory and should be
worded in an open-ended manner to allow the candidate to volunteer as
much relevant information as he wishes.
DO ASK:
“What are your career objectives for the longer term?”
Unlawful
Subject 4:
FAMILY STATUS
Women, in particular, have been discriminated against in the past
because it was assumed they could not handle a demanding management
work schedule while being responsible for children. It is important
that the issue be discussed up-front but not in a manner that might be
considered to be prejudicial to female candidates in particular. It
should also be understood that baring talented candidates from being
considered purely because of outdated stereotypes is bad for
business.
1. DON’T ASK:
“Do you have children?”
It is important to be upfront that the management position will
probably require long working hours and a flexible schedule. Ask the
question as it relates to this issue so the candidate can determine
herself whether family obligations will prevent her from doing well in
the role.
DO ASK:
“Are you able to work overtime? Can you travel as required?”
2. DON’T ASK:
“Will you continue working if you have children?”
While it reasonable to want to know a candidate’s career goals to
verify their intentions after an important milestone like pregnancy, it
is improper to ask a woman (or a man) about this issue directly.
Instead, ask a more general question and have the person expand on the
issue herself.
DO ASK:
“Describe your long-term career plans.”
3. DON’T ASK:
“What is your maiden name?”
This question seems especially blameless since there may be another
name the person has used in the past. However, it could be considered
biased toward a female candidate’s marital status and should not be
used. The question should be worded as it relates to confirming their
career and educational experience.
DO ASK:
“Have you used other names in the past?”
4. DON’T ASK:
“Tell me about the family you grew up with?”
It is common in Asia to ask details about a person’s family background
because such connections can be important for doing business.
Unfortunately, it can often be considered prejudiced (and irrelevant)
by many international organizations. If the information is still deemed
important, word the question in a more open-ended manner.
DO ASK:
“Tell me who you know who could help you in this role.”
Unlawful
Subject 5:
GENDER & RACE
At the interview stage, it is (usually) clear what the sex and racial
background of candidates are. However, it is critical that candidates are not made to feel there is a racial or gender bias for roles. You risk offending
people and losing them as candidates. As well, you risk labelling your company or yourself as
either racist or gender prejudiced.
1. DON’T ASK:
“Could you manage people different from you in race (or sex)?”
A similar question could be asked but without making the candidate feel he
or she is the one who is different.
DO ASK:
“Are you comfortable managing a diverse workforce?”
2. DON’T ASK:
“What is your view of dating in the office?”
Relationships within the office should be kept professional to prevent
the predictable disruptions that are bad for business. But posing this
question could be seen as making conjectures about the person’s marital
situation. Another concern is that some people could consider the
question a “come-on.” The replacement question below should cover the
concern.
DO ASK:
“Have you ever been disciplined at work?”
Unlawful
Subject 6:
Health & Disabilities
Physical and mental handicaps and general health issues should not be
discussed directly so as to avoid assumptions and possible allegations
of discrimination.
1. DON’T ASK:
“Do you have any disabilities?”
It is improper in an international work environment to ask such a
question directly. Ask the question in a way that allows the candidate
to explain his physical or mental handicaps if they exist.
DO ASK:
“Are there any special needs you have that we should be
aware of? Is there anything we should discuss that could prevent you from carrying out the role?
2. DON’T ASK:
“Have you had any operations or illnesses lately?”
Determining a candidate’s ability and commitment to work is important
but even devoted managers can get sick. As above, the question needs to
be worded to determine whether they can do the job.
DO ASK:
How many days of work did you miss last year?
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Getting Ready For The
Deluge: Outsourcing in Philippines
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[PDF
file, 62KB]
The
Economist Intelligence Unit of the Economist magazine
asked Chalre Associates' Chairman, Richard Mills,
to write a chapter about the Philippine outsourcing sector
in its annual Business Guide Book. The material
provides a Executive Briefing on the progress and major
issues facing this industry that is certainly one of most
significant growth stories in the world.
more
Asia Pacific Mining
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[PDF
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The 7th Asia Pacific Mining Conference put on by the Asean
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The
State of BPO in Philippines: Dan Reyes Speaks
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[PDF
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Richard
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interviewed Dan Reyes of Sitel for ComputerWorld (US) recently to get
his views on the state of the BPO industry in Philippines. Dan
presented US readers with compelling information to support his view
that Philippines is currently seen as the "Number 1" option by global
companies sending BPO work to offshore destinations.
Dan Reyes is easily one of most experienced Business Process
Outsourcing (BPO) managers in the Asia Pacific region and the world. He
is head of the extremely successful Philippine operations of Sitel, the
world's largest call center organization. Among other things, he is a
founder and former president of the Business Processing Association of
the Philippines. more
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