July 2011

Human Resources

By Sally Loy

FRIENDLY REMINDER: The following is a list of appropriate and inappropriate interview questions that can also carry over to our supervisors and staff with regard to inappropriate comments and questions.

APPROPRIATE AND INAPPROPRIATE INTERVIEW QUESTIONS

Subject 
Appropriate 
Inappropriate
AGE Questions about age are only permitted if it is necessary to ensure that a person is legally old enough to do the job. Questions about age, dates of attending school, dates of military service, request for birth certificate.
ADDRESS  What is your address? Examples: Do you own or rent your home? How long have you lived at your current address?
ARREST RECORD Wisconsin law permits questions only on pending charges if they are substantially related to the particular job. Note: consult ALS before disqualifying an applicant on the basis of arrest record. Questions about pending charges for jobs other than those that are substantially related to the particular job. Questions about arrest records.
CONVICTIONS* May ask about record of convictions of felony or misdemeanor offenses if all applicants are asked. Note: Only convictions that are substantially related to the particular job (consult ALS). Questions about convictions that are not substantially related to the job.
CITIZENSHIP  May ask about legal authorization to work in the specific position if all applicants are asked. Examples: Are you a US citizen? Where were you born? Where were your parents born? Are you an American? What kind of name is that?
CREDIT RATING OR GARNISHMENTS Only if the job requires significant financial responsibility or access to cash or funds. In most cases, no question is acceptable. Questions about credit ratings since they have little or no relation to job performance. It is a civil rights violation to refuse to hire someone based on poor credit rating.
DISABILITY Are you able to perform the essential functions of this job—with or without accommodations? Questions about knowledge and skills necessary to perform the job requirements. http://www.wisc.edu/edrc/disability/ Example: Do you have a disability? What is the nature of severity of your disability?
EDUCATION Inquiries about degrees or equivalent experience that are related to the job being applied for. Questions about education that are not related to job being applied for.
FAMILY MARITAL STATUS Whether an applicant can meet work schedules or job requirements. Should be asked of both sexes. Any inquiry about marital status, children, pregnancy or child care plans.
HEALTH None.  Example: How is your (or your family’s) health?
MILITARY Type of education and experience in service as it relates to a particular job. Type of discharge or registration status.
NAME  May ask current legal name. “Is additional information, such as a different name or nickname necessary in order to check job references?” Questions about national origin, ancestry, or prior marital status.
NATIONAL ORIGIN  May ask all applicants if legally authorized to work in this specific position. Whether applicant is legally eligible to work in the U.S.A.
ORGANIZATIONS Inquiries about professional organizations related to the position. Inquiries about organizations that might indicate race, sex, religion or national origin.
RACE OR COLOR None.  Comments about complexion, color, height, or weight.
RELIGION Describe the work schedule and ask whether applicant can work that schedule. Also suggest that accommodations to schedule are possible. Must be asked of all candidates. Inquiries on religious preferences, affiliations, or denominations.
SEXUAL ORIENTATION None. Examples: Are you gay? Why do you wear an earring (or something stereotypical to a group)?
WORK EXPERIENCE  Applicants previous employment experience. Inquiries of protected group members on generalizations or
stereotypes of the group. Questions about sick leave use or worker’s compensation claims in previous job.

Rules to Remember:

Ask only what you need to know, not what you would like to know.

Need to know = affects the day-to-day requirements of the job.
Like to know = does not pertain to the job, usually personal in nature.

If you have any questions about the appropriateness of the question, don’t ask it.
If you ask a question to one applicant, you must ask the question to ALL applicants.

* Note: Reference Wisconsin Human Resources Handbook Chapter 246 - Securing Applicant Arrest and Conviction Information, which can be found at http://oser.state.wi.us/section.asp?linkid=29

The information suggests processes to be compliant with statute 111.3, Wisconsin Fair Employment Law.

Questions?

Contacts:

Legal Services (263-7400), Office of Equity and Diversity (263-2378)
Classified Human Resources (265-2257), Academic Personnel Office (265-2257)

Sexual Harassment Policy

The policy of the University of Wisconsin–Madison is in accordance with Sec. 703 of Title VII, a federal law forbidding harassment on the basis of sex or sexual orientation. SSEC’s policy in this area is the same as the University’s. The university policy on sexual harassment reads:

“In keeping with efforts to establish an environment in which the dignity and worth of all members of the University community are respected, sexual harassment of students and employees at UW–Madison is unacceptable conduct and will not be tolerated. Sexual harassment may involve the behavior of a person of either sex against a person of the opposite or same sex, when that behavior falls within the following definition.

“Sexual harassment of employees and students at UW–Madison is defined as any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when:

submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

submission to or rejection of such conduct is used as the basis for employment decisions affecting that individual;

such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or educational experience, or creates an intimidating, hostile, or offensive work or educational environment.”

We cannot tolerate harassment of any member of our community including harassment based on gender, race, religion, ethnicity, age, disability, and sexual orientation.

When sexual harassment occurs, it degrades the quality of work and education at the University of Wisconsin-Madison. It erodes the dignity and productivity of the individuals involved and diminishes the quality, effectiveness, and stature of the institution. Sexual harassment not only violates the law and university policy but also can damage personal and professional relationships; cause career or economic disadvantage, and expose the university to legal liabilities, a loss of federal research funds and other financial consequences. For all these reasons, it is in our best interest to educate all community members and take other steps necessary to prevent sexual harassment. We have a collective responsibility to do so, thereby promoting an environment that better supports excellence in teaching, research, and service.

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