Nawbo Seminar - Hiring legally

HIRING HIRING LEGALLYLEGALLY

© 2011 eEmployers Solutions, Inc.

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


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.


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


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)


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


EnforcementEnforcement

EEOCEEOC State EEO agenciesState EEO agencies State and federal courtsState and federal courts


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


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


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


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


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


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


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


Questions You Questions You Can Can Ask!Ask!

CitizenshipCitizenship LanguageLanguage FamilyFamily DisabilitiesDisabilities ReligionReligion Military ServiceMilitary Service Criminal RecordCriminal Record


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


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


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


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


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


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


Classifying EmployeesClassifying Employees

Exempt v. Non-ExemptExempt v. Non-Exempt Salary v. HourlySalary v. Hourly Minimum RequirementsMinimum Requirements


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


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


QuestionsQuestions

• Ken Barge• kbarge@eesipeo.

com• 972 719 9149

Business

Nawbo Seminar - Hiring legally