How to interview inclusively

Interviewing inclusively means giving every candidate the same fair chance to show they can do the job. In practice that is a structured process, accommodations offered up front, interviewers who judge evidence instead of familiarity, questions that stay on the job and careful use of recording and AI. None of this lowers the bar. It makes your read on candidates more accurate and keeps you on the right side of laws that have changed a lot in the past few years.

This guide takes you through the process in order, with the steps to run each part in Dover’s ATS. It is general information, not legal advice, and rules vary by place.

Step 1: Structure every interview

Unstructured conversations drift toward shared hobbies and similar backgrounds. A structured interview asks every candidate the same job-related questions and scores them on the same scale. The US Office of Personnel Management says this gives candidates equal opportunity to share information and supports consistent assessment (OPM).

• Write the questions and scoring anchors before you interview anyone.
• Score each answer yourself before the debrief, and do not read other interviewers’ feedback first.
• Decide from evidence in the notes. “I just liked them” is not evidence.

In Dover, create one feedback form per stage in Settings → Feedback Forms, assign it to the stage on the job’s interview plan, and every interviewer scores on the same 1 to 4 scale. Interviewers can add questions suggested from the candidate’s background with View AI suggested questions, but your core questions stay the same for everyone. See Interview feedback forms and interview process best practices.

Step 2: Prepare and brief your interviewers

Most problems start with an unprepared interviewer. Before anyone interviews, give them a short briefing:

• Which competencies they own and which questions to ask.
• What the scoring scale means, with an example of a 1 and a 4.
• The questions they must not ask (Step 6).
• What to do if a candidate mentions a disability, pregnancy, religion or family situation: do not follow up, do not score it and route any accommodation request to the recruiter or HR.
• How to describe the company, role and pay honestly.

INTERVIEWER BRIEFING CHECKLIST

[ ] I know my competency and have my questions and scoring guide
[ ] I will ask every candidate the same core questions
[ ] I will take notes on what the candidate said and did, not my impressions
[ ] I will not ask about age, family, health, religion, origin or similar topics
[ ] If a candidate asks for an accommodation, I will say we will arrange it and tell [recruiter]
[ ] I will score before I read anyone else's feedback
[ ] I have set my interview preferences and know how candidates will book time with me

In Dover, each interviewer sets their name, role and booking method in Account settings → Interviews & Notetaker, so candidates see who they will meet.

Step 3: Offer accommodations up front

The Americans with Disabilities Act covers job applicants. According to the EEOC’s guidance on reasonable accommodation, applicants can ask for an accommodation at any point in the application process, and the request does not need to be in writing. You can describe the hiring steps, such as an interview or timed test, and ask whether the candidate needs any accommodation for them.

Other laws add duties. The federal Pregnant Workers Fairness Act requires reasonable accommodations for known limitations related to pregnancy, childbirth or related conditions, and it covers applicants as well as employees. Title VII requires reasonable accommodation of religious practice unless it would impose substantial increased costs, a standard the Supreme Court clarified in Groff v. DeJoy (2023). State laws can go further.

Put this into your process:

1. Add an accommodation line to every invitation (template below).
2. Share the format, length and interviewers in advance, and give questions or materials ahead of time if that helps.
3. Make virtual and in-person interviews accessible: step-free access, captions, a quiet room and a fallback if video fails.
4. Respond quickly to requests. Do not cancel the interview because it is inconvenient. The EEOC treats cancelling an interview for a deaf applicant who requested an interpreter as a violation, absent undue hardship.
5. Keep requests private, and do not factor them into scoring.

If you need any adjustments to take part in the interview process, such as an interpreter, captions, extra time, a different format, a break, or time for a religious observance, reply to this email or contact [name] at [email]. We will arrange it, and it will not affect how we evaluate you.

In Dover, add that line to the scheduling email template for each stage in Settings → Email templates, and use the stage’s Additional instructions field for details candidates should see. Turn on Show this stage to candidates with a public description so people see the process before they start, and share it through the candidate portal. See Setting up your interview plan.

Step 4: Avoid affinity bias and “culture fit”

Affinity bias is the pull toward people who remind you of yourself. It shows up as “great energy”, “someone I would grab a beer with” and “culture fit”. Those judgments are hard to defend and tend to favor people who resemble the existing team.

Replace culture fit with something you can ask and score:

• Write down three to five values or working behaviors that matter, such as giving direct feedback or owning problems end to end.
• Ask a behavioral question for each one.
• Ask whether the candidate would add something the team lacks, not whether they match it.

Step 5: Build diverse panels without tokenism

A mixed panel brings more perspectives and shows candidates who works at your company. To do it well:

• Include people from different teams and levels, not just the same function.
• Do not ask one person to represent an entire group or to carry extra interview load because of who they are.
• Give every interviewer the same training, questions and rating scale.
• If your team is small, do not fake it. Say who the candidate will meet and offer a conversation with others, such as a team lead from another function.
• Select panelists for their role and skills. Do not choose or exclude anyone because of a protected characteristic.

Step 6: Know what you may and may not ask

The EEOC says pre-employment questions should be limited to what is essential for judging whether someone is qualified. Questions that could reveal race, religion, age or similar characteristics should generally be avoided, and employers may not make pre-offer inquiries about disability.

On disability, the EEOC’s pre-employment guidance says that before a conditional offer you can generally not ask disability-related questions. You can ask whether someone can perform job functions “with or without reasonable accommodation”, state physical requirements and ask the candidate to describe how they would do tasks, if you ask all candidates for the job.

State and local rules are stricter in many places and keep changing:

• Salary history: a growing number of states bar asking about pay history. Virginia’s ban took effect on July 1, 2026 (JD Supra). Many places also require pay ranges in postings; see compensation requirements for job postings.
• Criminal history: many states and cities have fair-chance rules that delay these questions. Washington’s amended Fair Chance Act took effect on July 1, 2026 (Epstein Becker Green).
• Credit history: some places, including New York as of 2026, restrict using credit history in hiring.

Counsel and local labor departments are the best sources for the rules where you hire.

Step 7: Interview fairly with video, recording and AI

AI and video tools are now part of many interviews, and several laws apply to them. Use them carefully and tell candidates first.

• Recording and AI notetakers. Tell every candidate before you record or add a notetaker, and get their agreement. Some US states require consent from everyone on a call (Justia 50-state survey). Let candidates opt out without penalty. In Dover, the AI Notetaker (Premium) joins as a visible participant, the host decides whether to admit it and recordings stay in Dover.
• AI-analyzed video interviews. Illinois requires notice and consent before AI analyzes a recorded video interview, and applicants can ask for the video to be deleted (Hunton).
• Facial recognition. Maryland bars using it to create a facial template during an interview without the applicant’s written consent (National Law Review).
• AI in hiring decisions. Illinois’s amendment to its Human Rights Act, effective January 1, 2026, bars discriminatory AI in employment decisions and adds a notice requirement, and New York City requires a bias audit and notice for automated employment decision tools. Colorado and Texas have AI rules too, and the details are still moving. See our NYC Local Law 144 guide.
• Do not let AI make the decision. Review AI notes and summaries, and keep a person accountable for every score.
• Checks for fake candidates must be fair too. If you verify identity on video, apply the same checks to everyone, and offer an alternative to a candidate who needs an accommodation or has a connection problem. See how to run a recruiter screen.

Step 8: Where the law stands today

The core has not moved: Title VII of the Civil Rights Act prohibits employment decisions based on race, color, religion, sex or national origin, and other federal and state laws cover age, disability, pregnancy and more. The Supreme Court held in Bostock v. Clayton County (2020) that sex discrimination includes sexual orientation and gender identity, and many states add their own protections. What has changed recently:

• Enforcement focus. The EEOC’s 2026 enforcement plan, as summarized by law firms, prioritizes DEI-related discrimination and national-origin bias, and warns against preferences or exclusions based on protected traits (SHRM). For the wider DEI timeline, see employer branding for inclusive hiring.
• Equal standard for everyone. In Ames v. Ohio Department of Youth Services (2025), the Court held that majority-group plaintiffs face the same standard as anyone else in Title VII claims.
• State laws keep growing. Pay transparency, salary history, fair-chance and AI rules are expanding state by state.

The practical takeaway is simple. A structured, evidence-based, accessible process that treats every candidate the same is both good hiring and the safest approach. Do not give or promise preferences based on protected characteristics, and get counsel’s advice on specific programs.

Step 9: Make the candidate experience fair and track it

• Tell candidates the stages, timeline and what each interview covers before the process starts.
• Share the questions or topics in advance for roles where that is fair.
• Keep every stage on time and tell people the outcome promptly.
• Let candidates ask real questions, including about how the team works and grows, and answer them honestly.
• Write the job posting so it attracts a broad pool (how to write a job description).

To see whether your process is fair in practice, look at where candidates drop out. In Dover, you can collect a voluntary EEO self-identification survey on a job’s application, and the Diversity (EEO) tab in Reporting & Analytics shows combined, anonymous results. Use it to find where your funnel narrows, and never to select candidates. See Reporting & Analytics and how to protect your employer brand when you’re hiring.

Frequently asked questions

What questions can you not ask in a job interview?

Avoid questions that could reveal race, religion, age, sex, pregnancy, family plans, national origin or other protected traits, and do not ask disability-related questions before a conditional offer. Many places also bar questions about salary history and early questions about criminal history. Ask only what you need to judge whether the person can do the job.

Can you ask a candidate if they need an accommodation?

You can describe the interview steps and ask whether the candidate needs any accommodation to take part in them. Before an offer, you generally cannot ask whether they need an accommodation to do the job itself, unless a disability is obvious or they have disclosed it.

What if a candidate mentions a disability, pregnancy or religion in the interview?

Do not ask follow-up questions about it, and do not factor it into your score. If they request an accommodation, respond quickly and involve HR. Keep the interview on the job.

Do you have to tell candidates if you use AI in interviews?

In some places, yes. Illinois, New York City and Maryland have notice, audit or consent rules for AI and facial recognition in hiring, and recording a call can require everyone's consent. Check the rules where you hire, and tell every candidate before you record or use AI.

What is wrong with hiring for culture fit?

Culture fit is often judged by gut feeling, which favors people who resemble the interviewer. Replace it with specific values and behaviors you can ask about and score.

Do you need a diverse interview panel?

It is not a legal requirement, but a mixed panel brings more perspectives and shows candidates who works at your company. Do not ask one person to represent a whole group, and train every interviewer the same way.