Lastly... From cordem..
http://www.cordem.org/inform/intervie.html
Emergency Medicine Residency Interviews
Emergency Medicine Residency interviews are generally a tremendous source of pride for residency directors as they showcase their program and residents. Following this most recent match, program directors utilized the CORD list server to discuss inappropriate questions and unethical standards allegedly utilized prior to the 2001 Match during the interview season. This discussion generated a session during the SAEM CORD meeting in May 2001. The problem identified was a lack of content knowledge surrounding the legalities and ethical issues involved during interview questioning. Although many program directors are well versed in the nuances of interviewing, often times their faculty colleagues and residents are not. These issues are further amplified by the high turnover of program directors, steady influx of new faculty members and the limited human resource training academic physicians receive. Below you will find questions that should be avoided based on existing law and human resource recommendations. When in doubt, don't ask the applicant-ask the HR director instead! Please share this information with the program's interview team and onsite residents. Special thanks to Lee Shockley, MD, and Vicki Gotkin, JD.
Peter DeBlieux, MD
Charity Hospital-LSU
Examples of Discriminatory Interview Questions
Marital and Family Status -- "Are you or have you ever been married?" "How many children do you have and how many live at home with you?", "Are you a single mother?", "Are you pregnant and do you plan to have children during your training?", "What kind of work does your husband/wife do?"- Executive Order 11375 amended 11246 by adding sex as a basis for nondiscrimination. Marital status, family planning and a spouse's occupation play no role in job performance.
Convictions, Arrests, and Court Records -- "Have you ever been arrested? There is a five year break in your medical training; did you spend time in jail?" An applicant can be arrested, but not convicted and an applicant can be questioned specifically about a conviction only if the crime is relevant to the job functions the candidate would be performing.
Age – "How old are you?" "You don't look like you just finished your third year of medical school; how did you get such a late start in life? - The Age Discrimination In Employment Act of 1967.
Disabilities – "Do you have a disability that will interfere with your ability to perform your duties?"- The Rehabilitation Act of 1973 forbids potential employers from asking candidates questions about whether they are disabled.
Religion – "Will you require any days off for religious holidays that the University does not observe?" "Are you available to work on Saturday nights and Sundays?", "Would you consider yourself hyper-religious?"- Civil Rights Act (Title VII) of 1964- candidates may not be discriminated against due to religious beliefs.
Military Record -- What type of military discharge did you receive?"- The Vietnam Era Veteran's Readjustment Assistance Act of 1974. All military veterans are in a protected class in the workplace.
Relatives – "Do you have friends or relatives that work for the Hospital/University?"- Conveys a sense of preference or bias based on relationships in the work place.
Nationality/Citizenship – "Where were you born?" "Do you speak a foreign language?" "Are you a U.S. citizen?" "Were your parents born in this country?"- Civil Rights Act (Title VII) of 1964, Immigration Reform and Control Act. Minorities and persons of foreign nationality are a protected class under federal law.
Political Affiliations - "Are you a Republican or a Democrat?" "Are you a member of the young communists supporting universal healthcare coverage?"- Equal Employment Opportunity Commission (EEOC). Political affiliations and beliefs do not play a role in candidate selection.
Sexual Orientation – "Would you agree that most women who play rugby are not married to men?" "Does wearing an earring in your nipple constitute being gay?" Equal Employment Opportunity Commission (EEOC). Sexual orientations do not play a role in candidate selection.
The Civil Rights Act of 1964 (and the subsequent additional and clarifications), the Americans With Disabilities Act, the Age Discrimination in Employment Act, the Immigration Reform and Control Act, and the EEOC contain guidelines for questions that may not be asked in a job interview. Those areas prohibited by those guidelines include:
race, color
age, birthdate
national origin, ancestry
marital status, maiden name
children, plans regarding children,pregnancy status
spouse's job, nationality, ancestry
clubs or organizations the applicant belongs to (except those that would not identify the applicant's race, color, religion, gender, national origin, age, disabiltity, or sexual orientation)
political affiliations or beliefs of the applicant
religious beliefs, affiliations, or denominations of the applicant
whether the applicant owns or rents a home
the existence, nature, severity, origin, or prognosis of disabilities or medical conditions, except in the case of a bona fide occupational qualification (Be extremely careful in this area, limiting your questions only to the necessary, not just desirable, physical abilities required for the job.)
sexual orientation
If the applicant broaches a "prohibited" area by volunteering information or asking a question, you are able to discuss it, within reasonable limits. Please be careful in doing so.
