Retail surgery: Avoiding discrimination claims in interviews

The business of conducting interviews can be fraught with difficulties and sometimes even the most innocently posed question can lead to a claim. Any probing about marriage plans, children or even discussions about an engagement ring can lead to allegations of sex discrimination.

SA Law head of employment Tracy Lacey-Smith says all interviewers need a good understanding of anti-discrimination legislation. “This will automatically awaken the interviewer to the possible risks of certain questions.”

Interviewers need to have a set of questions that are repeated without variation for each candidate and if there is any confusion about a particular question it is wise to discuss this with colleagues or a legal adviser. “It is important to focus on questions that draw out the skills and attributes that are relevant to the job, rather than a love, say, of golf, which may be considered to have a male bias,” she says.

Thorough notes should also be taken during the interview that clearly identify questions asked and raised. Reasoning behind why a candidate was successful or unsuccessful must also be noted. 

Questions about age, family, marriage plans or arrangements, ethnic background, religion and health (that are not necessary for the role) are a definite no-no, warns Lacey-Smith. She adds that there must also be a general understanding of how the interviewee may perceive any questions. “On that basis, training is invaluable not only on the law and what to watch out for, but how to tailor questions that when objectively looked at against the role, can be justified.”