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Hiring Practices: Compliance with Caregiver Rights and More

The following guidelines were created exclusively for PAAL by a licensed Human Resources professional.

Include explicit and public support and anti-discrimination commitment that includes caregiving and reproductive health in your EEO statements.

  • EEO statements should read: “We do not discriminate based upon race, religion, color, national origin, sex (including pregnancy, childbirth, reproductive health decisions, or related medical conditions), sexual orientation, gender identity, gender expression, age, status as a protected veteran, status as an individual with a disability, genetic information, political views or activity, or other applicable legally protected characteristics.” [sample source]

Guidelines for Developing Interview Questions

Interview questions should be focused on obtaining information necessary to assess the skills and qualifications of the candidate and/or the candidate’s ability to perform the essential functions of the position. Formulate questions that will help seek the information needed to fill the position successfully.

If you want to test a question, ask yourself whether it is:

  • Specific to the candidate

  • Based on the candidate’s past experiences

  • Open-ended

  • Nondiscriminatory

  • Job-related

  • Non-leading

Avoid asking questions that have the potential of being considered illegal or discriminatory.

Don’t shy away from asking questions regarding topics of which you may have limited knowledge. Such questions will enable you to determine whether the applicant can formulate his/her answer in an easy, understandable way (in a way that helps you understand).

Be consistent. Ask the same questions of all candidates. The only exception are questions related to the candidate’s specific professional background and experience.

Do not asked any question that are not job related. Doing so may result in unintentionally asking a question that could be deemed discriminatory in nature. For example, do not ask questions about their personal lives.


Acceptable and Unacceptable Interview Questions

Note: each state will have specific nuances to these lists of questions. We have created this guideline along California compliance. For your specific state, be sure to investigate state-specific compliance and/or book time with our PAAL HR Health professional.

In the chart below, there is a list of ACCEPTABLE and UNACCETABLE questions that may be asked of an applicant. The questions under UNACCEPTABLE are illegal to ask and deemed discriminatory in the State of California. This list is not an exhaustive list of every possible question that could occur in an interview and therefore, it is meant to serve as a general guideline.

To remain legally sound, all interview questions must be job related and may not be discriminatory. Additionally, the same set of questions should be asked of all applicants applying for the same position.

Non job-related interview questions may be unlawful to ask and/or to be used in making a hiring decision. Therefore, it is highly advised that interviewers refrain from asking the candidate any personal questions. If the candidate starts discussing any matters related to their personal life, it is best to steer the conversation back to job related discussion.


Interview Question Types Recommended

Described below are different types of questions that can be helpful in conducting

interviews. When preparing a set of interview questions, you may have a combination of these types of questions.


Interview Question Types Not Recommended

The following are types of questions that are not conducive to a fluid or objective interviewing experience.


Interview Techniques

When conducting the interview, consider using a combination of the following techniques to help maintain the flow of the conversation.


Behavioral Interview Questions

(Employee and Supervisory Positions)

The following questions can be used for any employee level in the company including supervisors.

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