Unformatted text preview: Hiring
Paul L. Schumann, Ph.D.
© 2011 by Paul L. Schumann. All rights reserved. 1 Employment Discrimination Equal Pay Act • Pay discrimination based on sex 2 Employment Discrimination Civil Rights Act: Title VII • Employment discrimination based on race, color, religion, sex, or national origin 3 Employment Discrimination Age Discrimination in Employment Act • Employment discrimination based on age (if 40 or older) 4 Employment Discrimination Americans with Disabilities Act • Employment discrimination based on disability Disability: substantially limits one or more major life activities 5 Types of Discrimination Disparate treatment: treat people differently based on a protected characteristic
• Employer’s defenses: Show a legitimate nondiscriminatory reason for the employment decision Show that a particular religion, sex, or national origin is a Bona Fide Occupational Qualification (BFOQ) 6 Types of Discrimination Disparate impact (adverse impact): neutral practices disproportionately disqualify members of protected groups
• Employer’s defense: Show that the challenged practice is jobrelated or a business necessity 7 Affirmative Action Who?
• Federal contractors (EO 11246 & 11375)
Voluntary How? • Identify problem areas: utilization vs. availability analysis
• Develop remedies: Goals & timetables, with action steps to achieve goals Can’t be an absolute bar to the majority 8 Enforcement Equal Employment Opportunity Commission (EEOC)
• www.eeoc.gov Office of Federal Contract Compliance Programs (OFCCP)
• www.dol.gov/ofccp/ 9 Recruiting Recruit a pool of wellqualified applicants for the position
• What are the essential qualifications?
What is the relevant labor market?
How can we communicate with wellqualified people in the relevant labor market? 10
10 Selection Methods Purpose: get information on each applicant’s qualifications
Selection method standards:
11 Selection Methods Interviews • Structured interviews Ask only jobrelevant questions Questions styles: • Good: Futureoriented (situational interview) “What would you do if ….”
• Better: Experiencedbased (behavioral interview) “Tell me about a time when ….” Answers are numerically rated Optional: Use multiple, trained interviewers 12
12 Selection Methods References • Always check references Otherwise, risk of negligent hiring • Provide accurate information that can be documented Otherwise, risk of: • Defamation of character
• Negligent misrepresentation 13
13 Selection Methods Physical Ability Tests • Be sure the physical ability being tested is truly jobrelevant
• Monitor for adverse impact
• Consider possible reasonable accommodations Cognitive Ability Tests • Monitor for adverse impact
14 Selection Methods Personality Inventories • Big 5 Dimensions of Personality: Extroversion: sociable, talkative, expressive Adjustment: stable, nondepressed, secure Agreeableness: courteous, trusting, tolerant, cooperative, forgiving Conscientiousness: dependable, persevering, thorough Inquisitiveness: curious, imaginative 15
15 Selection Methods Work Samples
• Jobspecific Honesty & Integrity Tests • PersonalityOriented Integrity Tests Low adjustment, low agreeableness, & low conscientiousness more likely to engage in counterproductive work behaviors • Overt Integrity Tests 16
16 Selection Methods Drug Tests • Part of preemployment medical exam After making job offer contingent on passing • Potential concern: false accusations 17
17 Selection Methods Interviews
Physical ability tests
Cognitive ability tests
Honesty & integrity tests
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