A Really Great and Terrible Question

Dear Evil HR Lady,

At my college, we've been using a standard interview question for several years now: "Is there anything in your past that would be embarrassing to the college if it became public after you were hired here?" I mentioned that on my blog, and got verbally pistol-whipped in the comments by people suggesting that this is way too broad, probably illegal, and presumably Orwellian.

Admittedly, it's broader than "have you ever been convicted of a felony?," but that's because I'd also want to know about certain misdemeanors, sexual harassment charges, etc.

Is this question too broad? If it is, is there another version that would pass muster in court but still tell us what we'd need to know?

Thanks!

Dean Dad

Dear Dean Dad,

What an absolutely lovely question. (As a reminder to all my readers, I am NOT a lawyer, nor do I play one on the internet.) I think it's brilliant, but I'm afraid, professionally, I'd have to advise against it. (Although I'm tempted to use it myself.)

Why? Not because the question itself would be illegal, it's that what do you do with the information they give you? What if I answered, "I was arrested for indecent exposure when I ran naked through the 2004 Democratic Convention. I was protesting boring candidates!" Now, you can guess that I not only have a clothing problem (of legitimate concern to your college) and that I didn't support the Democratic candidate. Now, I don't get the job because having seen me in my interview suit, you have no desire to see me streak across campus. (I'm fine from the neck up and knees down, but everything else should be covered at all times.) But, I say you didn't hire me because we all know colleges are run by liberals and I clearly don't have those views. You are in the awkward position of having to defend why you didn't consider information you obviously knew.

Of course, it's very easy to end up with information you don't want to know. A candidate's list of publications? Christianity Today, Working Mother, Guns and Ammo, or The Open Closet? Now you know or have reason to know additional things about my political views, sexual orientation, parental status, religion and views on the 2nd amendment. The burden of proof is going to end up falling on you to prove that you DIDN'T discriminate.

You mentioned you wanted to know about "certain misdemeanors, sexual harrassment charges" etc. Misdemeanors you can ask about--I would have that and felonies--on your application that everyone fills out. (Don't make the common mistake of not having your professional candidates fill out an application. Everyone gets an application--the same one--whether they are applying for a job in the cafeteria or as a professor.)

Charges, however, can be problematic. You cannot consider an arrest someone had--only a conviction. Harrassment doesn't usually fall under criminal law, though, so there would rarely be a "conviction," so to speak. Instead? "Why did you leave [previous job]?" Or "if I called your previous boss for a reference, what would she say?"

Like I said, I think it's a brilliant question. It elicits answers you couldn't get otherwise. And while I don't think it's patently illegal (remember--I'm not a lawyer, and my lawyer brother comes to me for HR advice, so he's worthless in this category), it has the potential to cause you problems. An EEO complaint (as one of your commentors threatened he would do) can cause headaches you don't want or need.

Of course, I think everybody should just grow up and not go crying to the government when they are offended. But, then again, I blog anonymously so that no one goes crying to my boss.

I'd love to hear some of the responses.

Note: For some reason the comments have disappeared from this post. I apologize for that, but I don't know how to get them back.

Note 2: It looks like I fixed it!