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Don't be accused of unfair discrimination! Follow these four rules when developing your interview questions

by , 07 October 2014
Believe it or not, you could land at the Labour Court for unfair discrimination just because of a question you asked during an interview.

It's true.

You can't just ask potential candidates anything you want to during interviews.

The applicant could take you to the Labour Court if you ask a question that he feels unfairly discriminates against him and you could end up paying thousands in compensation!

But you can easily avoid unfair discrimination claims if you follow these four rules when developing your interview questions...


Before we get to the rules, let's look at what unfair discrimination is

 
According to the Labour Law for Managers Loose Leaf Service, unfair discrimination can either be direct or indirect. It unfairly gives a candidate an advantage or disadvantage based on criteria that isn't job-related.
 
Checkout this article – it explains the difference between direct and indirect discrimination.
 
Now take a look at the rules you must follow when developing your interview questions so no one can accuse you of unfair discrimination…
 
 
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No one will accuse you of unfair discrimination if your stick to these four rules when developing your interview questions

 
Rule #1: Your interview questions must job-related.
 
Rule #2: Your interview questions must be based on an inherent requirement of the job.
 
Rule #3: Questions for interviews must help you gain an understanding of the person's ability to perform the job.
 
Rule #4: Your interview questions must not discriminate on the following grounds:

  • Race;
  • Gender;
  • Sex;
  • Ethnic or social origin;
  • Colour;
  • Sexual orientation;
  • Age;
  • Disability;
  • Religion;
  • Conscience;
  • Belief;
  • Political opinion;
  • Culture;
  • Language;
  • Marital status; and
  • Family responsibility.
 
You'll avoid unfair discrimination claims if you follow these four rules when developing your interview questions.
 
PS: We strongly recommend you check out Recruitment: The Complete Guide if you want to ensure every step of your recruitment process is legal and effective.
 


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