Hiring new staff can be exciting and frightening at the same time. Finding your next great hire is hard enough without all the legal risks. That is why Safe Hire is an essential training for anyone with responsibility for hiring or screening applicants. You will learn to minimize the risks due to negligent hiring and implement an effective, legal safe hiring program. We’ll begin with a detailed look at the legally protected classes and common ways they face discrimination in interviews. Next, we’ll take a practical look at a model hiring process and discuss ways to prevent discrimination at every step. We’ll end with a proven model for structuring your selection process. Our goal is to prepare you to interview and hire with confidence.

1. Safe
Hire:
Risk
Free
Hiring
Sean
O’Donnell
-­‐
MBA,
SPHR
Senior
HR
Advisor
G&A
Partners

2. Agenda
• Intro
to
Employment
Law
• The
Hiring
Process
• SelecJon
Criteria

3. WESODI
Agrees
to
Pay
$90,000
to
SePle
EEOC
Age
DiscriminaJon
Lawsuit
EEOC
PRESS
RELEASE
4-­‐8-­‐13
Two
Electricians
Denied
Jobs
Because
They
Were
Deemed
to
Be
'Too
Old,'
Federal
Agency
Charged
ALBUQUERQUE,
N.M.
-­‐
Western
Energy
Services
of
Durango,
Inc.
(WESODI)
has
agreed
to
pay
$90,000
and
furnish
other
relief
to
sePle
an
age
discriminaJon
lawsuit
filed
by
the
U.S.
Equal
Employment
Opportunity
Commission
(EEOC),
the
agency
announced
today.
According
to
the
EEOC's
lawsuit
filed
in
Albuquerque,
N.M.,
two
journeymen
linemen
electricians,
Dennis
Thomas
(then
age
61)
and
Eric
Camron
(then
age
72),
were
referred
for
WESODI
job
openings
in
northern
New
Mexico
by
the
IBEW
local
union
in
Albuquerque,
but
the
company
rejected
the
referrals
because
of
the
men's
ages.
In
each
instance,
aeer
the
referrals
were
refused,
two
men
in
their
mid-­‐
twenJes
were
awarded
the
jobs.
Camron
and
Thomas,
as
well
as
the
local
union's
dispatcher,
alleged
that
WESODI's
line
superintendent
stated
that
he
was
rejecJng
the
referrals
because
of
their
ages.
In
addiJon
to
the
monetary
sePlement,
WESODI,
based
in
Durango,
Colo.,
has
agreed
to
post
its
anJ-­‐
discriminaJon
policy,
provide
training
about
anJ-­‐discriminaJon
laws
to
its
employees
and
managers,
and
to
make
periodic
reports
to
the
EEOC.

4. What
are
the
Costs?
• Fines
and
PenalJes
• Back
Wages
+
Interest
• LiJgaJon
Expense
• APorney
fees
• InvesJgaJve
expenses
• Lost
producJvity
• ReputaJon
• Lost
revenue
• Ability
to
recruit/retain

5. Poll
QuesJon
What
is
your
greatest
fear
when
it
comes
to
the
consequences
of
not
conducJng
safe
hire?

6. INTRO
TO
EMPLOYMENT
LAW

7. Equal
Opportunity
• Equal
access
to
apply
for
jobs
• Equal
treatment
in
the
hiring
process
• The
law
protects
against
certain
kinds
of
discriminaJon
• AffirmaJve
AcJon
is
different

8. Legally
Protected
Classes
• Race
• Color
• NaJonal
Origin
• Sex
• Pregnancy
• Disability
• Religion
• Age
• GeneJc
InformaJon
• Veterans/Military

9. Poll
QuesJon
–
Charge
StaJsJcs
In
2013,
the
EEOC
received
the
most
charges
for
this
type
of
discriminaJon:
A. Age
B. Disability
C. Race
D. Sex

10. Race,
Color,
NaJonal
Origin
• Appearance
• Culture
• Accents
• Visas/immigraJon
• Micro-­‐Aggression:
intenJonal
or
unintenJonal
racial
slights
or
insults

11. Sex,
Pregnancy,
OrientaJon
• Avoid
quesJons
about:
• TradiJonal
family/gender
roles
• Childcare
• Equal
Pay
Act
• Pregnancy,
childbirth,
and
related
condiJons
• Sexual
orientaJon,
gender
idenJty
and
expression

12. Disability
• Do
not
discuss
the
details
of
a
disability
• Ask
candidates
if
they
will
need
accommodaJons
for
the
interview
• Ask
disabled
applicants
(or
all
applicants):
• “Can
you
perform
the
essenJal
duJes
of
this
job
with
or
without
accommodaJon?”
• (EssenJal
funcJons
must
be
ESSENTIAL)
• If
accommodaJons
are
needed,
contact
HR

13. Religion
• Religious
discriminaJon
in
employment
is
a
growing
issue
across
the
country
• Contact
HR
if
religious
accommodaJons
are
requested
• Applicants
may
use
paid
or
volunteer
religious
service
as
work
experience
• Avoid
quesJons
or
discussions
about
religion
• Be
sensiJve
to
local
religions

14. Poll
QuesJon
–
Age
DiscriminaJon
At
what
ages
are
applicants
and
employees
protected
from
discriminaJon
in
employment
based
on
age?
A. All
ages
B. 18
and
older
C. 40
and
older
D. 50
and
older

15. Age
(40+)
• Avoid
quesJons
about
• When
they
graduated
• When
they
plan
to
reJre
• Be
aware
of
common
unfair
biases
• “can’t
teach
an
old
dog
new
tricks”
• Can’t
use
the
technology
• Degree
irrelevant
• Too
close
to
reJrement

16. GeneJc
InformaJon
(GINA)
• Tests
can
detect
geneJc
disorders
• It
is
illegal
for
employers
(and
insurance
companies)
to
discriminate
on
this
informaJon
• Also
avoid
quesJons
or
discussions
about
family
history
of
diseases/disorders
(Fabricut
$50K
in
2013)

17. Veterans,
Military
Status
• Discharge
status
• PotenJal
to
be
called
up
to
acJve
duty
• May
discuss
military
as
employment
history
if
applicable

18. Compliance
Tips
• Base
interview
quesJons
on
the
job
descripJon
• Consistent
treatment
of
applicants
• Interview
as
a
panel
when
possible
• Avoid
retaliaJon

19. Poll
QuesJon
Do
you
currently
use
safe
hire
best
pracJces?

20. SelecJon
Criteria
Ability
Train
Willingness
Manageability

21. QUESTIONS?
Sean
O’Donnell
MBA,
SPHR
G&A
Partners
info@gnapartners.com
(800)
253-­‐8562
*This
webinar
has
been
recorded
and
will
be
posted
on
the
G&A
website
by
Friday