f you’ve had any experience hiring employees, you know that there’s no shortage of things that can go wrong during the hiring process: you might miss out on the best candidate; you might hire someone who doesn’t fit in to your organization, or, worst of all, you might say or do something that leaves you and your employer open to a lawsuit. While no company’s hiring process is perfect, by implementing and following carefully constructed hiring policies and procedures, you can ensure that both you and your employer are protected from costly litigation.
This webinar, hosted by Sean O’Donnell, one of G&A Partners' experienced HR advisors, explains how to avoid some of the most common pitfalls of the hiring process, including:
• Labor and employment laws associated with each stage of the hiring process;
• How to create and enforce legally compliant hiring policies and procedures;
• How to improve your hiring process while protecting your organization from discrimination charges.
2. Age Discrimination
• Two Electricians Denied Jobs Because They Were Deemed to
Be 'Too Old’ – 4/2013
• ALBUQUERQUE, N.M. - Western Energy Services of Durango, Inc.
(WESODI) has agreed to pay $90,000 and furnish other relief to settle an
age discrimination lawsuit filed by the U.S. Equal Employment
Opportunity Commission (EEOC)…
• …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, after the referrals were refused, two men in their mid-
twenties 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 rejecting the referrals because of their ages.
3. Negligent Hiring
• Reagan et al v. Dunaway Timber Company et al Nov. 2011
• A jury in an Arkansas Federal Court recently awarded $7 million
in damages to the family of an Arkansas truck driver killed in a
2008 accident in a wrongful death lawsuit brought against a
timber company and its truck driver who caused the accident.
• In the case, a group of lawyers serving as counsel for the family
argued that the timber company had negligently hired the truck
driver who caused the accident without conducting a basic
background search that would have quickly revealed a history of
unsafe driving that included having his license revoked twice. The
driver never should have been permitted to drive a tractor trailer,
the lawyers for the family argued.
4. Criminal Record Discrimination
• Transportation Company Agrees to Maintain Revised Policy Consistent With
Recent EEOC Policy Guidelines; Some 14,000 Employees Affected Nationwide
• LOS ANGELES - J.B. Hunt Transport, Inc., one of the largest transportation
companies in North America, has agreed to settle a race discrimination charge
filed by the U.S. Equal Employment Opportunity Commission (EEOC)…
• …over claims that an African-American job candidate was denied a truck driver
position at a J.B. Hunt facility in San Bernardino, Calif., in 2009 based on a
criminal conviction record, which the EEOC contends was unrelated to the
duties of the job.
• The federal agency also reviewed the company's broader policy with respect to
the hiring of job applicants with conviction records. Blanket prohibitions are not
in accordance with the agency's policy guidance on the subject, which was
reissued on April 25, 2010.
• As part of the five-year conciliation agreement, J.B. Hunt agreed to review, revise
if necessary, and provide additional training concerning its hiring and selection
policies and practices to comply with the EEOC's guidance. The EEOC will
monitor compliance with the conciliation agreement. The alleged victim also
entered into a private settlement agreement with J.B. Hunt.
5. Immigration Compliance
• United States v. Nebeker, Inc. d/b/a Aire Serv of Northern Utah
– Fine $22,627
• Nebeker, located in Layton, Utah, employs seven employees.
After receiving a Notice of Inspection in September 2010 and
providing the I-9 forms for the last three years, ICE issued a
Notice of Suspect Documents informing Nebeker that three
employees appeared unauthorized for employment. (Those
employees were terminated after they were unable to supply
Nebeker with appropriate employment authorization.)
• ICE also issued an NIF charging Nebeker with 12 violations of the
Immigration Reform and Control Act, including deficiencies in
Sections 1 and 2, acceptance of an invalid List C document;
backdating I-9 forms, and failure to retain I-9 forms for seven
former employees. ICE sought penalties of $22,627 ($1,028.50
per violation) but did not explain how it reached the fine
assessment.
18. Background Check
• Initiate at time of onboarding
• Google/social media check (no passwords)
• Criminal check: basic + county
• Credit check only for financial positions
• DMV check only if driving for job
• Signed authorization and disclosure form
• Assess results on case-by-case basis
• Adverse action procedure
• Send Pre-Notice Adverse Action Letter, copy of
report, FCRA rights
• If not satisfied in 8 business days, send Adverse
Action Notice
19. Assessing a Criminal Record
• Factors to consider:
• The nature and gravity of the offense
• The facts or circumstances surrounding the offense
• The time that has passed since the offense and/or
completion of the sentence
• The nature of the job held or sought
• The number of offenses for which the individual was
convicted
• Age at the time of conviction, or release from prison
• The individual’s employment history before and after the
offense including the length and consistency of employment
• Rehabilitation efforts, e.g., education/training
• Employment or character references and any other
information regarding fitness for the particular position
23. Review Resume with Candidate
• Learn more about previous positions
• If the applicant was a director:
• How big was the company?
• How big was the department?
• How many direct reports?
• Budgetary authority?
• Ask applicant to explain gaps in employment and
short time in positions
• Find the past employer that is most similar or the
past job that is most like the one you are filling
• Ask what it was like working there
• Did the applicant like it?
• Did the applicant feel successful there?
24. Behavioral Questions
• Past performance predicting future results
• “Tell me about a time when you…”
• Listen (and ask follow-up questions to find):
• Situation – what happened? Press for a specific
example.
• Action – what did they do?
• Results – how did it turn out?
• “We” did this and “we” did that…
• “To what extent were you personally involved in
that decision/project/situation?”
• “What was your personal contribution to…?”
28. Other Question Tips
• Open-ended
• “Are you punctual?” vs “How is your attendance?”
• Implied follow-up
• “What would your last supervisor tell me about your
attendance?”
• Values
• “When is it okay to be late to work?”
• Silence – it’s okay sometimes
• Lou Adler’s most important question
• “What single project or task would you consider the
most significant accomplishment in your career so
far?”
29. Conduct the Interview
• Greet applicants
• Introduce yourself/other
interviewers
• Break the ice
• Describe the workplace
• Give an overview of the
job
• Show interest in the
applicant
• Ask questions and listen
actively
• Observe closely
• Ask for their questions
• Explain notification
procedure
• Give an expected start
date
• Describe the next steps
• Thank candidates
• Escort them out