This document discusses effective interviewing skills for law firms and how to avoid asking discriminatory questions. It provides examples of inappropriate questions about age, national origin, marital status, disability, organizations, and social interests. Employers should focus questions only on job qualifications and responsibilities. The document recommends interviewers prepare thoroughly, listen more than they talk, know employment law, and get training to ensure nondiscriminatory practices.

1. Effective Law Firm Interviewing Skills: How to
Avoid "Off Limits" Questions but Still Get
Information You Need to Make Good Hiring
Decisions
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2. Summary:
The following are a few examples
of the most commonly reported
areas of discriminatory
questioning:
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3. Age. Avoid questions about age, date of birth, and graduation date. Focus on the
substance of a candidate's experience rather than on number of years of
experience. Telling older candidates they are "overqualified" can be perceived as
a discriminatory preference for younger candidates.
National origin/ancestry. If language skills are relevant to a position, ask what
languages the candidate speaks. Do not ask where the candidate's parents are
from or how language skills were acquired.
Marital or family status. Avoid questions about marital status, spouse, number
of children, and child care. If a job requires travel or relocation, explain what is
required and ask whether the candidate can fulfill these requirements. Avoid
questions that seem to presume married women will be less likely to travel or
relocate - or that request details of child care arrangements. Avoid asking women
whether they prefer to be called "Miss", "Mrs." or "Ms." Questions about spouses
may be viewed as discriminatory, not only by women, but also by gay and lesbian
candidates.
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4. Disability. Open-ended questions about whether an interviewee has a disability
are discriminatory. Employers are permitted to ask whether an interviewee is able
to perform the essential functions of a job. However, according to current
interpretations of the Americans with Disabilities Act, questions about the
provision of accommodations should be raised only when an offer is extended.
Organizations. Asking what professional organizations and community activities
have influenced a candidate's professional development is very relevant to
assessing a potential hire. But avoid asking candidates to list all of their
organizational affiliations.
Social interests/home life. Questions about home life, social interests, and
hobbies are inappropriate and raise numerous red flags. Some interviewers craft
their questions with care but alienate candidates through small talk. Initiating a
sports conversation with a minority male candidate is an example of small talk
that is likely to be perceived as based on racial stereotypes.
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5. Effective Interviewing
Focusing on job-related issues not
only avoids discrimination but also
results in more productive, effective
interviews. Additionally, as an
interviewer, you can enhance your
role if you:
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6. Know the hiring objectives of your organization. Understand the skills required
for positions being filled. Be able to describe the responsibilities of entry-level
attorneys.
Know your organization. Be able to discuss key marketing points and highlights
of practice areas for which you are interviewing.
Prepare by reviewing résumés thoroughly. Your knowledge of a résumé will
sharpen your questions and communicate your organization's sincere interest in
the candidate.
Listen. Experienced, effective interviewers tend to talk only about 20% of the
time during an interview. Eighty percent of the time they listen to the candidate.
Novice interviewers tend to talk 80% of the time and emerge from interviews
knowing little more than they learned from résumés.
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7. Know the law. Review equal employment law, and identify ways in which
interview questions can reveal subtle biases.
Get training. Help ensure that others in your organization who are involved in
callback, in-office interviews are trained in the principles of nondiscriminatory
interviewing.
Know your importance. Recognize that interviewing is a specialized skill and that
an effective interviewer makes a tremendous contribution to the future of an
organization.
This article “Effective Law Firm Interviewing Skills: How to Avoid "Off Limits"
Questions but Still Get Information You Need to Make Good Hiring Decisions” first
appeared on LawCrossing’s employer section. It is the world leader in “pure”
monitoring and reporting of legal jobs, through its active and growing research
into all legal employers throughout the world.
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