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HiringHiring

Paul L. Schumann, Ph.D.Paul L. Schumann, Ph.D.

© 2011 by Paul L. Schumann. All rights reserved.© 2011 by Paul L. Schumann. All rights reserved.

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Employment DiscriminationEmployment Discrimination

Equal Pay ActEqual Pay Act• Pay discrimination based on sexPay discrimination based on sex

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Employment DiscriminationEmployment Discrimination

Civil Rights Act: Title VIICivil Rights Act: Title VII• Employment discrimination based on Employment discrimination based on

race, color, religion, sex, or national race, color, religion, sex, or national originorigin

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Employment DiscriminationEmployment Discrimination

Age Discrimination in Employment Age Discrimination in Employment ActAct• Employment discrimination based on Employment discrimination based on

age (if 40 or older)age (if 40 or older)

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Employment DiscriminationEmployment Discrimination

Americans with Disabilities ActAmericans with Disabilities Act• Employment discrimination based on Employment discrimination based on

disabilitydisability Disability:Disability: substantially limits one or more substantially limits one or more

major life activitiesmajor life activities

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Types of DiscriminationTypes of Discrimination

Disparate treatment:Disparate treatment: treat people treat people differently based on a protected differently based on a protected characteristiccharacteristic• Employer’s defenses:Employer’s defenses:

Show a legitimate nondiscriminatory reason Show a legitimate nondiscriminatory reason for the employment decisionfor the employment decision

Show that a particular religion, sex, or Show that a particular religion, sex, or national origin is a Bona Fide Occupational national origin is a Bona Fide Occupational Qualification (BFOQ)Qualification (BFOQ)

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Types of DiscriminationTypes of Discrimination

Disparate impact (adverse impact):Disparate impact (adverse impact): neutral practices disproportionately neutral practices disproportionately disqualify members of protected disqualify members of protected groupsgroups• Employer’s defense:Employer’s defense:

Show that the challenged practice is job-Show that the challenged practice is job-related or a business necessityrelated or a business necessity

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Affirmative ActionAffirmative Action

Who?Who?• Federal contractors (EO 11246 & 11375)Federal contractors (EO 11246 & 11375)• VoluntaryVoluntary

How?How?• Identify problem areas: utilization vs. Identify problem areas: utilization vs.

availability analysisavailability analysis• Develop remedies: Goals & timetables, Develop remedies: Goals & timetables,

with action steps to achieve goalswith action steps to achieve goals Can’t be an absolute bar to the majorityCan’t be an absolute bar to the majority

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EnforcementEnforcement

Equal Employment Opportunity Equal Employment Opportunity Commission (EEOC)Commission (EEOC)• www.eeoc.gov

Office of Federal Contract Office of Federal Contract Compliance Programs (OFCCP)Compliance Programs (OFCCP)• www.dol.gov/ofccp/

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RecruitingRecruiting

Recruit a pool of well-qualified Recruit a pool of well-qualified applicants for the positionapplicants for the position• What are the essential qualifications?What are the essential qualifications?• What is the relevant labor market?What is the relevant labor market?• How can we communicate with well-How can we communicate with well-

qualified people in the relevant labor qualified people in the relevant labor market?market?

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Selection MethodsSelection Methods

Purpose: get information on each Purpose: get information on each applicant’s qualificationsapplicant’s qualifications

Selection method standards:Selection method standards:• ReliabilityReliability• ValidityValidity• GeneralizabilityGeneralizability• UtilityUtility• LegalityLegality

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Selection MethodsSelection Methods

InterviewsInterviews• Structured interviewsStructured interviews

Ask only job-relevant questionsAsk only job-relevant questions Questions styles:Questions styles:

• Good: Future-oriented (situational interview)Good: Future-oriented (situational interview) ““What would you do if ….”What would you do if ….”

• Better: Experienced-based (behavioral interview)Better: Experienced-based (behavioral interview) ““Tell me about a time when ….”Tell me about a time when ….”

Answers are numerically ratedAnswers are numerically rated Optional: Use multiple, trained interviewersOptional: Use multiple, trained interviewers

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Selection MethodsSelection Methods

ReferencesReferences• Always check referencesAlways check references

Otherwise, risk of negligent hiringOtherwise, risk of negligent hiring

• Provide accurate information that can Provide accurate information that can be documentedbe documented

Otherwise, risk of:Otherwise, risk of:• Defamation of characterDefamation of character• Negligent misrepresentationNegligent misrepresentation

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Selection MethodsSelection Methods

Physical Ability TestsPhysical Ability Tests• Be sure the physical ability being tested Be sure the physical ability being tested

is truly job-relevantis truly job-relevant• Monitor for adverse impactMonitor for adverse impact• Consider possible reasonable Consider possible reasonable

accommodationsaccommodations Cognitive Ability TestsCognitive Ability Tests

• Monitor for adverse impactMonitor for adverse impact

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Selection MethodsSelection Methods

Personality InventoriesPersonality Inventories• Big 5 Dimensions of Personality:Big 5 Dimensions of Personality:

Extroversion:Extroversion: sociable, talkative, expressive sociable, talkative, expressive Adjustment:Adjustment: stable, non-depressed, secure stable, non-depressed, secure Agreeableness:Agreeableness: courteous, trusting, tolerant, courteous, trusting, tolerant,

cooperative, forgivingcooperative, forgiving Conscientiousness:Conscientiousness: dependable, dependable,

persevering, thoroughpersevering, thorough Inquisitiveness:Inquisitiveness: curious, imaginative curious, imaginative

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Selection MethodsSelection Methods

Work SamplesWork Samples• Job-specificJob-specific

Honesty & Integrity TestsHonesty & Integrity Tests• Personality-Oriented Integrity TestsPersonality-Oriented Integrity Tests

Low adjustment, low agreeableness, & low Low adjustment, low agreeableness, & low conscientiousness conscientiousness more likely to engage more likely to engage in counter-productive work behaviorsin counter-productive work behaviors

• Overt Integrity TestsOvert Integrity Tests

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Selection MethodsSelection Methods

Drug TestsDrug Tests• Part of pre-employment medical examPart of pre-employment medical exam

After making job offer contingent on passingAfter making job offer contingent on passing

• Potential concern: false accusationsPotential concern: false accusations

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Selection MethodsSelection Methods

InterviewsInterviews Reference checksReference checks Physical ability testsPhysical ability tests Cognitive ability testsCognitive ability tests Personality inventoriesPersonality inventories Work-sample testsWork-sample tests Honesty & integrity testsHonesty & integrity tests Drug testsDrug tests