978-0078029165 Appendix B Part 6

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Appendix B-101

| Appendix B – Chapter Exercises

Chapter Exercise 6.2

Hiring a Plant Manager at Dynamo Industries

James A. Breaugh

Objective. The purpose of Exercise 6.2 is to give the student a feel for a typical situation involved in a

selection decision. Considerable information may be available on each candidate, some of which is

valid and some of which is not. The problem of missing data will need attention and improved

methods should be considered.

Description. This is a challenging exercise that requires at least two hours of out–of-class preparation

for the Individual Analysis and the Group Analysis should provoke spirited discussion as students

attempt to reach consensus. While it is recommended that students be paired off as observers and

discussants, the instructor may use the peer-assessment approach as an alternative and forgo the

pairing process. Because the “Written Communication” assessment is critical in this exercise, allow at

least 15 minutes for this assessment prior to the start of group discussion. Please note that the first

group of “discussants” should attempt to reach consensus on the rank ordering of the candidates and

the rationale for the choices. After 15 minutes, the “observer” groups become the “discussants”

charged with reaching consensus on a priority list of three changes to be made in the hiring practices

at Dynamo.

There is no one best answer for the exercise. However, there are a number of criteria to be used in

the assessment, which can be shared with the students prior to assessment or discussion. For

example, did the students discuss everything? Were the pros and cons of the various choices

discussed? Was the response: Scientifically grounded? Legally defensible? Cogently argued?

Professionally done? With regard to the written report, certainly spelling, grammar, and the quality of

the executive summary should be heavily weighted in the assessment of “Written Communication.”

Table 6.2.1 presents a summary of issues that should have been considered in arriving at the

recommendations. Table 6.2.2 presents some recommendations for further information and/or

changes for future hiring at Dynamo.

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Table 6.2.1

Issues to Consider at Dynamo

PHILOSOPHY IN APPROACHING THIS CASE: There is no one best answer for this case. Rather, the key

is whether a student discusses all of the various factors that should be considered (e.g., selection

device validity and utility). Fundamentally, students should be evaluated in terms of whether their

analyses were scientifically grounded, legally defensible, and cogently argued.

EXPECTED VALIDITY OF THE SELECTION DEVICES:

1. Interviews: Given that the interviews were semi-structured and that the interviewers were

familiar with the plant manager job and were trained how to interview, considerable weight should

be given to the interview ratings in making a selection decision. Conceivably, the ratings given by the

VP of Production should be weighted more heavily than those of the other interviewers. Because the

3. Performance and Promotability Ratings: Although there is less evidence supporting the

validity of these ratings for making selection decisions, nevertheless, a supervisor’s judgment of

performance and promotability should not be ignored, especially given these ratings. Students should

be aware that this is a lateral transfer for Joyce. Thus, her promotability rating is irrelevant but her

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6. Work Experience: In evaluating a job candidate’s work experience, students should consider

whether (1) the person has been a plant manager; (2) whether he or she has experience with

unionized employees; and (3) there are differences between internal and external candidates.

7. Other Devices/Consideration:

d. Lateral Transfers: Given the needs of today’s dual-career couples, a good case can be made

for allowing Joyce to transfer. However, students should also address the downside of

allowing such transfers. A critical question might be the availability of a replacement in Little

Rock.

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RANKING THE CANDIDATES : Although there is no one best ranking, certain people can be easily

eliminated. For example, based upon work sample scores, interview scores, performance and

Table 6.2.2

Recommended Changes and Information Needed

for Future Hiring at Dynamo

1. Develop a policy on internal and external hiring/transfers —– use replacement charts.

2. Conduct a job analysis to support use of certain procedures and weight certain information in the

context of Dynamo’s competitive strategy; need a more carefully developed job description.

5. Adopt more job-related approach to references and judgments of promotability. (Little

information was given regarding references from outside sources for any of the candidates.)

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6. Critique the interview for job relatedness/validity. What information did the oral interviews

actually yield? There was also little information given on the behavior description interviews held

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Chapter Exercise 6.3

What Questions Can You Ask in an Interview?

Adapted from an exercise written by Robert W. Eder and M. Ronald Buckley Case law has established

the potential legal liability inherent in the employment interview. Given the subjective nature of the

process and the discretion interviewers typically exercise in employment interviews, there is great

opportunity for biases that could be interpreted as violations of any number of state, federal, or local

laws on equal opportunity. Take note that the Supreme Court ruled in Watson v. Fort Worth Bank &

Trust, 487 U.S. 977 (1988), that “disparate impact” theory may be used in Civil Rights Act (CRA) cases

involving “subjective employment practices” such as interviews and performance appraisals. The

Supreme Court ruling in Smith v. City of Jackson (03-1160) 544 U.S. 228 (2005), also affirmed the use

of “impact” theory for age discrimination cases. Research also has established that there are optimal

approaches to conducting the employment interview. Employment interviews can have high validity if

certain guidelines are followed.

This exercise explores the potential legal implications of a number of questions often posed by

interviewers. In addition, interview questions will be examined to determine their potential for

contributing to a valid interview.

Learning Objectives

1. Identify those interview questions that are of questionable legality.

2. Know the major laws that may affect the interview process.

3. Know the recommended approaches to conducting interviews.

In this exercise, students consider a set of interview questions and determine whether they regard

questions as lawful or potentially unlawful or whether they believe questions are good interview

questions in terms of potential validity. Students will receive a score and feedback report after

answering all questions. The feedback report is as follows:

Question #1: Would you mind if I called you by your first name?

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Question #2: Are you a U.S. citizen?

The Immigration Reform and Control Act (IRCA) of 1986 requires employers to assure that employees

hired are legally authorized to work in the U.S. However, an employer who requests employment

verification only for individuals of a particular national origin, or individuals who appear to be or

sound foreign, may violate both Title VII and IRCA; verification must be obtained from all applicants

and employees. Employers who impose citizenship requirements or give preferences to U.S. citizens

in hiring or employment opportunities also may violate IRCA.

The IRCA requires employers to verify the identity and employment eligibility of all employees hired

after November 6, 1986, by completing the Employment Eligibility Verification (I-9) Form, and

reviewing documents showing the employee’s identity and employment authorization. The law

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prohibits employers from rejecting valid documents or insisting on additional documents beyond

what is legally required for employment eligibility verification (or the Department of Homeland

Security (DHS) Form I-9), based on an employee’s citizenship status or national origin. For example,

e.g., an employer cannot require only individuals the employer perceives as “foreign” to verify their

employment eligibility or produce specific documents, such as Permanent Resident (“green”) cards or

Employment Authorization Documents. It is the employee’s choice which of the permitted documents

to show for employment eligibility verification. As long as the document appears reasonably genuine

on its face, and relates to the employee, it should be accepted.

Because of potential claims of illegal discrimination, employment eligibility verification should be

conducted after an offer to hire has been made. Applicants may be informed of these requirements in

the pre-employment setting by adding the following statement on the employment application:

“In compliance with federal law, all persons hired will be required to verify identity and eligibility to

work in the United States and to complete the required employment eligibility verification form upon

hire.”

Question #3: Are you married or do you live with someone?

questions involving marital status, number and/or ages of children or dependents, or names of

spouses or children of the applicant. Such inquiries may be asked after an employment offer has been

made and accepted if needed for insurance or other legitimate business purposes.

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The following pre-employment inquiries may be regarded as evidence of intent to discriminate when

asked in the pre-employment context:

– Whether applicant is pregnant.

– Marital status of applicant or whether applicant plans to marry.

– Number and age of children or future child bearing plans.

– Child care arrangements.

– Employment status of spouse.

– Name of spouse.

Question #4: Have you ever been arrested?

An arrest alone does not necessarily mean that an applicant has committed a crime. Thus, the

employer should not assume that the applicant committed the offense but should allow him or her a

meaningful opportunity to explain the circumstances of the arrest(s) and should make a reasonable

effort to determine whether the explanation is credible. Even if the employer believes that the

applicant did engage in the conduct for which he was arrested that information should bar

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applicant with regard to what information they are required to report.

Question #5: What professional societies do you belong to?

Question #6: What kinds of people do you enjoy working with the most?

Question #7: Are you planning to start a family soon?

Question #8: How long do you expect your husband will remain here before changing jobs?

Question #9: How old are you? So, when did you graduate from Tech?

In general, it is unlawful to establish age preferences, limitations, or specifications for specific jobs.

There are a few exceptions to that general rule. For example, state and local governments are

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permissible purpose. Where age is not a legitimate job requirement but a person‘s date of birth is

needed for a legitimate business related reason, such as providing health or life insurance, the

necessary information may be obtained after hiring.

Question #10: We’re looking for someone who can relate effectively with college students; you’re 52?

Question #11: Have you ever been convicted of a crime (beyond traffic violations)?

Question #12: Will your family or personal obligations interfere with your ability to keep the hours of

this job?

Question #13: How does your military experience relate to this job?

Question #14: What are your religious beliefs?

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Question #15: Would you mind if I checked your credit rating score?

Correct answer: Employers sometimes ask about an applicant’s current or past assets, liabilities, or

credit rating, including bankruptcy or wage garnishment, refusal or cancellation of bonding, car

ownership, rental or ownership of a house, length of residence at an address, charge accounts,

Question #16: Would you be willing to work on Yom Kippur?

Correct answer: Specifies a particular religious holiday — Jewish. Rather, one should ask if the

applicant can work on the days scheduled. If not, reasonable accommodation is expected for religious

observances. If Saturday or Sunday is a required work day, you may ask candidates if they will have a

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This applies not only to schedule changes or leave for religious observances, but also to such things as

dress or grooming practices that an employee has for religious reasons. These might include, for

example, wearing particular head coverings or other religious dress (such as a Jewish yarmulke or a

Muslim headscarf), or wearing certain hairstyles or facial hair (such as Rastafarian dreadlocks or Sikh

uncut hair and beard). It also includes an employee’s observance of a religious prohibition against

wearing certain garments (such as pants or miniskirts).

When an employee or applicant needs a dress or grooming accommodation for religious reasons, s/he

should notify the employer that such an accommodation for religious reasons is needed. If the

employer reasonably needs more information, the employer and the employee should engage in an

interactive process to discuss the request. If it would not pose an undue hardship, the employer must

grant the accommodation.

Question #17: How long have you lived around here?

resides is not illegal.

Question #18: Are you a smoker or a nonsmoker?

Question #19: Are you a homosexual?

Correct answer: Unlawful in some states, cities and counties.

While discrimination based on sexual orientation is not illegal at the federal level (as of 2008), many

states and cities have banned discrimination based on sexual orientation. Federal government

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private and public jobs: California, Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts,

Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, Rhode Island, Vermont,

and Wisconsin. The District of Columbia also prohibits sexual orientation discrimination in both the

public and private sectors. In addition, Oregon courts have found that sexual orientation

discrimination is prohibited in public and private employment in Oregon.

Seven states have laws prohibiting sexual orientation discrimination in public workplaces only:

Colorado, Delaware, Indiana, Michigan, Montana, Pennsylvania, and Washington.

To learn more about your state and local laws, contact your state department of labor or your state

fair employment agency. (See http://www.eeoc.gov/offices.html. On the left side of each field office

page, near the bottom is a link to the state and local agencies.)

Question #20: What plans do you have for taking care of the children if you get this job?

Question #21: Do you consider yourself handicapped in any way?

Correct answer: Pursuant to the Americans with Disabilities Act (ADA), questions regarding disabilities

cannot be asked until after a job offer has been conveyed and only then in the context of the

“essential functions” of the job.

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questions about the nature or severity of the disability. The need for accommodation cannot be used

as a reason for not hiring the applicant unless the employer can demonstrate that providing the

accommodation would impose “undue hardship” upon the employer. See

http://www.eeoc.gov/types/ada.html.

Question #22: Is there any history of chronic illness or disease in your family?

Correct answer: Questions regarding family health problems are also illegal under the ADA. The ADA

limits the kinds of medical information that an employer can seek from a job applicant. An employer

may not require a job applicant to take a medical examination or ask about a person’s disability

Question #23: One of your references mentioned that you have a history of depression. Is this still a

problem?

answer to #22.

Question #24: Would you mind completing this medical questionnaire?

Correct answer: An employer may not require a job applicant to take a medical examination or ask

about a person’s disability before making a job offer A legal question would be: Are you able to

perform the essential functions of this job with or without reasonable accommodations? Before

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Question #25: Do you think marijuana should be legalized?

Question #26: Do you believe that corporate management has too much political power?

Question #27: Do you support gay marriage?

Question #28: Have you ever belonged to a labor union?

Question #29: Do you have any family members (parents, siblings) who belong (or have belonged) to

labor unions?

Question #30: Are you willing to work without your hijab (head scarf)? It might offend our customers.

Question #31: What church do you attend in town?

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Correct answer: . Possible Title VII violation and state human rights violation. See the answer to #14.

Question #32: Are you available for overtime?

Question #33: Are you willing to travel?

Question #34: What education do you have?

Question #35: Have you ever filed a workers’ compensation claim?

Question #36: Determine whether you think this question is good or to ask when interviewing a

candidate for a supervisory or managerial position: How would you go about motivating people?

Question #37: Determine whether you think this question is good or to ask when interviewing a

candidate for a supervisory or managerial position: Do you consider yourself organized?

Question #38: Determine whether you think this question is good or to ask when interviewing a

candidate for a supervisory or managerial position: How do you handle conflict?

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Correct answer: . How about a behavioral question such as: “Describe a situation where your

colleagues disagreed with your ideas. What did you do?”

Question #39: Determine whether you think this question is good or to ask when interviewing a

candidate for a supervisory or managerial position: Tell me about a recent situation in which you had

to deal with a very upset customer or co-worker.

Question #40: Determine whether you think this question is good or to ask when interviewing a

candidate for a supervisory or managerial position: Tell me about a time you were able to successfully

deal with another person even when that individual may not have personally liked you (or vice versa).

Question #41: Have you smoked marijuana in the last month?

Question #42: The parent of a child with an intellectual disability applies for a position as an attorney

at a law firm and mentions during a discussion with one of her interviewers that she has a child with

an intellectual disability. She is denied employment because the employer believes the child’s

disability will cause her to be absent from work and will affect her productivity. This decision is lawful

because the applicant is not protected by the ADA.

Question #43: An employer requires an applicant from Yemen to undergo a background check before

making a job offer. The employer had no such requirement for other applicants. The background

check was:

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the same pre-employment investigations, as with other employment practices, the employer may not

subject only particular religious or ethnic groups, such as Muslims or Arabs, to heightened security

checks.

Some employers, such as defense contractors, may require a security clearance for certain jobs

pursuant to a federal statute or Executive Order. Clearance determinations must generally be

processed and made without regard to race, religion, or national origin. However, security clearance

determinations for positions subject to national security requirements under a federal statute or an

Executive Order are not generally subject to review under the equal employment opportunity

statutes.

Exercise 6.3 Assessment Questions

1. How would you design a training program so that future interviewers would understand

what can and cannot be asked in an employment interview?

2. If your organizational research had clearly determined (with data) that women with children

under the age of five are much more likely to be absent from work than others, could the

company then use this information to make decisions?

3. How would you design a structured situational or behavioral interview for an overseas

assignment? Based on the evidence, is the situational or the behavioral more valid?

Much like the development of a work sample, the structured behavioral interview can be designed to

assist in making overseas assignments by using expatriates who can develop situations that are likely

to occur on such assignments. Employees, ideally those who have had the same type of overseas

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assignment, should not only participate in the development of the questions, but also assist in writing

suggested answers and assisting in the development of a scoring key. For this instance the situational

interview may be more valid than the behavioral. While the behavioral interview asks the candidates

to describe situations they have actually been in, the situational interview asks them how they would

deal with new, job-related conditions. It is more of a critical thinking examination than a re-telling of

past behavior. Research on behavioral interviewing versus situational shows superior validity but not

with regard to overseas assignments. Since such assignments often deal with new cultures and

different priorities, the situational interview could be a more valid tool to assess how a candidate

would fit into the position and deal with the new environment.

4. Discuss the ethical and legal implications of asking applicants about the health history of

family members. Setting aside the possible legal issues, should a company take family

health into consideration when evaluating an applicant?

Such inquiries are now clearly illegal under the 2008 Americans with Disabilities Amendments Act and

were illegal under several state statutes before the ADA was passed. Few students will take a pure

5. Relative to alternative methods of selection, what role should an interview play in the

selection of retail assistant managers? If you use more than one method, how would you go

about weighing the information?

Interviews should be structured, behavioral and standardized to maximize validity and reliability. In

6. A colleague suggests that you do not have to develop a structured, behavioral interview as

long as you get at least three colleagues to do independent, unstructured interviews and

then evaluate candidates. Do you agree with the colleague?