When interviewing potential employees, California employers must navigate a complex landscape to ensure their practices are compliant and effective. Here are five essential practices to consider:
1. Understand Prohibited Questions to Avoid Discrimination
California law restricts employers from asking certain questions during interviews that could be seen as discriminatory. Employers must refrain from asking about an applicant’s marital status, children, plans for having children, religion, age, national origin, other protected characteristics, as well as pay history. Even seemingly harmless questions that could be interpreted as discriminatory should be avoided, as they may lead to potential claims. To prevent any missteps, employers should thoughtfully plan and review all interview questions in advance.
2. Prepare Effective Questions to Evaluate Candidates’ Thinking
Crafting questions that encourage applicants to think critically can reveal their problem-solving abilities and how they approach challenges. Some effective questions include:
- “Tell me something that’s true that almost nobody agrees with you on.” (Peter Thiel)
- “On a scale of one to 10, how weird are you?” (Tony Hsieh)
These types of questions not only test creativity but also provide insights into the applicant’s personality and how they handle unexpected queries.
3. Implement “Try Outs” Instead of Traditional Interviews
In a concept championed by Seth Godin, traditional interviews can be replaced with practical, hands-on “try out” sessions. This approach involves putting the candidate into real-life scenarios where they collaborate with potential team members or demonstrate their skills in action. For example, if hiring for a copywriting role, have the candidate create content and go through an editing process to see how they respond to feedback.
However, California employers must take caution to ensure these “try out” periods comply with wage and hour laws. The Division of Labor Standards Enforcement (DLSE) states that these sessions should be:
- Focused on skill testing, not training.
- Non-productive for the employer (i.e., the work isn’t sold or used for profit).
- Limited in duration based on the complexity of the task.
The goal is to gain insight into the candidate’s abilities and compatibility without crossing into unpaid labor that may violate compensation laws.
4. Conduct Thorough Reference Checks
Following up with an applicant’s provided references can be a useful tool in the hiring process. This step helps verify the candidate’s work history and performance. However, I’ve changed my opinion on reference checks recently, as any applicant will not list anyone who may not provide a positive reverence for them. Therefore, employers should also considering searching publicly available information online, and this could provide a broader view of the applicant’s background. It is essential, however, to approach online searches carefully and ensure compliance with privacy laws and non-discrimination practices.
5. Exercise Caution with Background Checks
Background checks are a common part of the hiring process, but employers must proceed with caution due to strict regulations. Under both federal and California laws, including the Fair Credit Reporting Act (FCRA), the Investigative Consumer Reporting Agencies Act (ICRAA), and the Consumer Credit Reporting Agencies Act (CCRA) , employers have detailed obligations they must follow. Failure to comply with these rules can lead to significant legal exposure, as demonstrated in previous lawsuits involving improper background reporting.
Employers should familiarize themselves with these complex regulations or seek legal counsel to ensure they comply when conducting background checks. For more in-depth guidance, you can refer to the comprehensive article on navigating employment background checks in California here.
By following these practices, California employers can navigate the interview process effectively while maintaining legal compliance and fostering a positive candidate experience.