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© Business & Legal Reports, Inc. 0606
Session ObjectivesYou will be able to:
• Identify requirements of fair employment laws
• Follow the organization’s EEO policy
• Evaluate job applicants based on job-related criteria
• Conduct all phases of the hiring process to avoid discrimination
© Business & Legal Reports, Inc. 0606
Session Outline• Fair employment laws and company policy
•Writing and using job descriptions
• Composing unbiased job advertisements
• Conducting nondiscriminatory interviews
• Choosing appropriate preemployment tests
• Checking and documenting references
© Business & Legal Reports, Inc. 0606
Why You Need to Know• Hiring decisions are extremely important
• Good hiring practices reduce risks and promote organizational success
• Ill-advised decisions increase risks and hurt the organization
• Poor choices could expose us to lawsuits
© Business & Legal Reports, Inc. 0606
Major Fair Employment Laws• Civil Rights Act
(Title VII)
• Age Discrimination in Employment Act
• Equal Pay Act
• Americans with Disabilities Act
© Business & Legal Reports, Inc. 0606
Fair Employment Laws (cont.)
• Executive Order 11246
• Pregnancy Discrimination Act
• Immigration Reform and Control Act
• Uniformed Services Employment and Reemployment Rights Act
© Business & Legal Reports, Inc. 0606
Enforcement• EEOC
• State EEO agencies
• State and federal courts
© Business & Legal Reports, Inc. 0606
Company Policy• Equal employment
opportunity
• Our goal: To hire the best candidates for each job solely on the basis of qualifications
© Business & Legal Reports, Inc. 0606
Job Descriptions•Write a job description for each position
• Focus on qualifications
• Specify essential job functions
© Business & Legal Reports, Inc. 0606
Job Descriptions (cont.)
• Set reasonable educational and experience requirements
• Be careful of physical requirements
© Business & Legal Reports, Inc. 0606
Writing Job Advertisements• Pay attention to your
wording
• Focus on job skills and responsibilities
• Be careful with educational requirements
© Business & Legal Reports, Inc. 0606
Nondiscriminatory Interviews• Write down your
questions
• Describe the job objectively
• Ask similar questions of all applicants
© Business & Legal Reports, Inc. 0606
Interviews (cont.)
• Focus on job requirements and company policies
• Avoid stereotyping applicants
• Take notes of the conversation
© Business & Legal Reports, Inc. 0606
Interview Notes• Factual
• No opinions or personal biases
• Job-related information only
• Keep notes on file for at least 1 year
© Business & Legal Reports, Inc. 0606
Questions You Can’t Ask• Age
•Marital status
• Family
• Sexual orientation
• Health
© Business & Legal Reports, Inc. 0606
Questions You Can’t Ask (cont.)
• National origin
• Citizenship
• Disabilities
• Religion
• Criminal record
© Business & Legal Reports, Inc. 0606
Questions You Can Ask• Citizenship
• Language
• Family
• Disabilities
© Business & Legal Reports, Inc. 0606
Questions You Can Ask (cont.)
• Attend obligations due to religion
• Military service
• Criminal record
© Business & Legal Reports, Inc. 0606
Preemployment Testing• Make sure tests are
job-related
• Validate all tests
• Test all applicants for the position
• Give all applicants for the same position the same test
© Business & Legal Reports, Inc. 0606
Release Forms• Releases allow legal access to information
• Releases must be in writing and signed by the applicant
• Include a release statement for each type of information
© Business & Legal Reports, Inc. 0606
Release Forms (cont.)
• Information must be job-related
• Be specific about the information you need
© Business & Legal Reports, Inc. 0606
Reference Checks• No job offer is made
until references are checked
• Check references for all applicants
• Contact each reference given
• Document all information received
© Business & Legal Reports, Inc. 0606
Reference Checks (cont.)
• Insufficient information
•Misrepresentations of material omissions
© Business & Legal Reports, Inc. 0606
Documenting References• List all references
you’ve checked
• Include the name of the person who made the contact
• Note how the reference was contacted
• List the name and title of everyone you contacted
© Business & Legal Reports, Inc. 0606
Documenting References (cont.)
• File return letters and any records received
• Keep all notes of your telephone conversations
• Document unsuccessful efforts to contact references
• Retain documentation for at least 1 year