Fair Hiring & Avoiding Loaded Interview Questions
Monica Erdmann Wisconsin Equal Rights Division (920) 832-5313 - firstname.lastname@example.org
s. 111.31 (2)
“It is the intent of the legislature…
...to have employers evaluate people based on their qualifications not on the particular class to which they may belong.”
Protected Classes Protected Classes
Race Color Creed Ancestry Nat’l Origin Age Sex
1945 1945 1959 1961
Disability Arrest Conviction Sex’l Orientation Marital Status Military Reserve Lawful Products
1982 1982 1987 1992
State & Federal Laws State Law
“To print or circulate...any statement, advertisement or publication, or use any form of employment application or make any employment inquiry which implies or expresses a preference or limitation which is discriminatory.”
Fair & Legal Hiring
• Law applies in all hiring decisions: Recruiting Application Forms Advertising Interviews
• Method used is up to employer, but process must not be discriminatory • Legal focus is on results
• Review/revise application • Review/revise position description
• Advertise/recruit from many sources
• Equal Opportunity Employer
• Decide on interview structure • Check for interview barriers • Set questions that elicit essential Knowledge,
Skill and Ability
• Set BonaFide benchmarks for answers • Select qualified / diverse interviewers
• Similar interview for all
• Accommodate reasonably
• Treat “everything” as the interview • Let applicants do the talking • Don’t telegraph desired responses • Be careful about first impressions • Take good notes
References Law s. 895.487
• Protects employers from civil liability in giving a reference if…
– Reference is given in good faith – Is not discriminatory
Are you at least 18 years old?
• Avoid questions that reveal age, such as date of birth, date of high school graduation.
Arrest & Conviction Record
Do you currently have any pending charges?
Have you ever been convicted of a crime?
Will only consider members of Presbyterian church.
Have you ever filed a workers compensation claim?
Are you a US citizen?
Any question that elicits an applicant’s gender.
This job is limited to veterans of the US Armed Services.
Application and Interview Questions Should relate to only the
Knowledge Skills Ability
Needed to perform job
ERD Contact Info
• Madison office: (608) 266-6860
• Milwaukee office: (414) 227-4384
• Website: www.wisconsin.gov/er