nawbo seminar - hiring legally
DESCRIPTION
Overview of Panel DiscussionTRANSCRIPT
HIRING HIRING LEGALLYLEGALLY
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Session ObjectivesSession Objectives
You will be able to:You will be able to: Identify requirements of fair Identify requirements of fair
employment lawsemployment laws Follow the organization’s EEO policyFollow the organization’s EEO policy Evaluate job applicants based on job-Evaluate job applicants based on job-
related criteriarelated criteria Conduct all phases of the hiring Conduct all phases of the hiring
process to avoid discriminationprocess to avoid discrimination
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Session OutlineSession Outline Fair employment laws and company policyFair employment laws and company policy Writing and using job descriptionsWriting and using job descriptions Composing unbiased job advertisementsComposing unbiased job advertisements Conducting nondiscriminatory interviewsConducting nondiscriminatory interviews Choosing appropriate pre-employment testsChoosing appropriate pre-employment tests Checking and documenting referencesChecking and documenting references Choosing and hiring the best candidateChoosing and hiring the best candidate Correctly classifying employeesCorrectly classifying employees Offer letters, pay agreements and hiring Offer letters, pay agreements and hiring
forms.forms.
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Why You Need to KnowWhy You Need to Know
Hiring decisions are extremely Hiring decisions are extremely importantimportant
Good hiring practices reduce risks Good hiring practices reduce risks and promote organizational successand promote organizational success
Ill-advised decisions increase risks Ill-advised decisions increase risks and hurt the organizationand hurt the organization
Poor choices could expose us to Poor choices could expose us to large fines and lawsuitslarge fines and lawsuits
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Major Fair Employment Major Fair Employment LawsLaws
Civil Rights Act (Title Civil Rights Act (Title VII)VII)
Age Discrimination in Age Discrimination in Employment Act Employment Act (ADEA)(ADEA)
Equal Pay ActEqual Pay Act Americans with Americans with
Disabilities Act (ADA)Disabilities Act (ADA) Genetic Information Genetic Information
Non-discrimination Act Non-discrimination Act of 2009 (GINA)of 2009 (GINA)
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Fair Employment Laws Fair Employment Laws (cont.)(cont.)
Executive Order 11246Executive Order 11246 Pregnancy Discrimination ActPregnancy Discrimination Act Immigration Reform and Control ActImmigration Reform and Control Act Uniformed Services Employment Uniformed Services Employment
and Reemployment Rights Act and Reemployment Rights Act (USERRA)(USERRA)
Specific State Fair Employment Specific State Fair Employment LawsLaws
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EnforcementEnforcement
EEOCEEOC State EEO agenciesState EEO agencies State and federal courtsState and federal courts
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Company PolicyCompany Policy
Equal employment Equal employment opportunityopportunity
The goal: To hire The goal: To hire the best candidates the best candidates for each job solely for each job solely on the basis of on the basis of qualificationsqualifications
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Job DescriptionsJob Descriptions
Write a job description for each Write a job description for each positionposition
Focus on qualificationsFocus on qualifications Specify essential job functionsSpecify essential job functions
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Job Descriptions Job Descriptions (cont.)(cont.)
Set reasonable educational and Set reasonable educational and experience requirementsexperience requirements
Be careful of physical requirementsBe careful of physical requirements
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Job Postings and Job Postings and RecruitmentRecruitment
Pay attention to your wording Pay attention to your wording (BFOQ)(BFOQ)
Focus on job skills and Focus on job skills and responsibilitiesresponsibilities
Be careful with educational Be careful with educational requirementsrequirements
Cherry-pickingCherry-picking
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Non-discriminatory Non-discriminatory InterviewsInterviews
Write down your Write down your questionsquestions
Describe the job Describe the job objectivelyobjectively
Ask similar questions of Ask similar questions of all applicantsall applicants
Focus on job Focus on job requirements and requirements and company policiescompany policies
Avoid stereotyping Avoid stereotyping applicantsapplicants
Take notes of the Take notes of the conversationconversation
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Interview NotesInterview Notes
FactualFactual No opinions or personal biasesNo opinions or personal biases Job-related information onlyJob-related information only Keep notes on file for at least 1 yearKeep notes on file for at least 1 year
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Questions You Questions You Can’tCan’t Ask Ask AgeAge Marital StatusMarital Status FamilyFamily Sexual OrientationSexual Orientation HealthHealth National OriginNational Origin CitizenshipCitizenship DisabilitiesDisabilities ReligionReligion Criminal RecordCriminal Record
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Questions You Questions You Can Can Ask!Ask!
CitizenshipCitizenship LanguageLanguage FamilyFamily DisabilitiesDisabilities ReligionReligion Military ServiceMilitary Service Criminal RecordCriminal Record
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Pre-Employment TestingPre-Employment Testing
Make sure tests are job-relatedMake sure tests are job-related Validate all testsValidate all tests Test all applicants for the positionTest all applicants for the position Give all applicants for the same Give all applicants for the same
position the same testposition the same test ADA and pre-employment testingADA and pre-employment testing
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Release FormsRelease Forms
Releases allow legal access to Releases allow legal access to informationinformation
Releases must be in writing and Releases must be in writing and signed by the applicantsigned by the applicant
Include a release statement for each Include a release statement for each type of informationtype of information
Information must be job-relatedInformation must be job-related Be specific about the information you Be specific about the information you
needneed
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Reference ChecksReference Checks No job offer is made until No job offer is made until
references are checkedreferences are checked Check references for all Check references for all
applicantsapplicants Contact each reference Contact each reference
givengiven Document all Document all
information receivedinformation received Insufficient informationInsufficient information Misrepresentations Misrepresentations
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Documenting ReferencesDocumenting References
List all references you’ve checkedList all references you’ve checked Include the name of the person who Include the name of the person who
made the contactmade the contact Note how the reference was Note how the reference was
contactedcontacted List the name and title of everyone List the name and title of everyone
you contactedyou contacted
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Documenting References Documenting References (cont.)(cont.)
File return letters and File return letters and any records received any records received
Keep all notes of your Keep all notes of your telephone telephone conversationsconversations
Document Document unsuccessful efforts unsuccessful efforts to contact referencesto contact references
Retain documentation Retain documentation for at least 1 yearfor at least 1 year
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Deciding on the Best Deciding on the Best CandidateCandidate
Best-QualifiedBest-Qualified Consider all factorsConsider all factors BFOQ’sBFOQ’s FCRA and explanationsFCRA and explanations Choose wording carefullyChoose wording carefully
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Classifying EmployeesClassifying Employees
Exempt v. Non-ExemptExempt v. Non-Exempt Salary v. HourlySalary v. Hourly Minimum RequirementsMinimum Requirements
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Offer Letters & Pay Offer Letters & Pay AgreementsAgreements
At-will EmploymentAt-will Employment Clear and conciseClear and concise Bi-weekly/weekly v. Annual salaryBi-weekly/weekly v. Annual salary Contingencies Contingencies
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Key Points to RememberKey Points to Remember
Fair employment laws prohibit Fair employment laws prohibit discrimination in hiringdiscrimination in hiring
Your policy should reflect a strong Your policy should reflect a strong commitment to equal employment commitment to equal employment opportunityopportunity
Evaluate solely on job-related criteriaEvaluate solely on job-related criteria Focus on hiring the most qualified personFocus on hiring the most qualified person Complete all the steps in the hiring Complete all the steps in the hiring
processprocess
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QuestionsQuestions
• Ken Barge• kbarge@eesipeo.
com• 972 719 9149