No employer would hire an unqualified employee if it jew the qualifications of

No employer would hire an unqualified employee if it

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procedure. No employer would hire an unqualified employee if it jew the qualifications of the employee in advance of the hiring determination Designing the appropriate preemployment tests in order to ensure applicants can perform the functions of the job is critical, not only to effective selection procedures but also to the prevention of liability for disparate results of your procedure . To keep a employer’s evaluation techniques within parameters that are relatively safe from criticism, the employer should first describe precisely what is required of each position to be evaluated. An adequate description will included the following: 1. Position title 2. Department or division in which the position is located 3. Title of supervisor (not name, as the individual may change while the supervisory position would not) 4. Function or purpose of position 5. Scope of responsibility for accomplishing that purpose 6. Specific duties and responsibilities 7. Knowledge, experience, or qualifications necessary for performance of the above duties and responsibilities ( the connection should be apparent or explained) 8. Organizational relationship, persons to whom the employee should report, those employees who report to this supervisor, and those employees over whom the supervisor has direct supervisory responsibilities No unwritten qualifications should exist. These may have a disparate impact on those employees outside the loop of information, pursuant to which employees earn of the “real” way of obtaining promotions and other workplace benefits The employer should communicate to its employees the nature, content, timing, and weight of the performance appraisal and ensure that the employees understand each of the standards pursuant to which they will be evaluated The bases for the evaluation should be specific and job r task-defined, rather than subjective, global measures of job performance. For example, a performance measure
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such as “ability to finish tasks within specific time period” is preferable to “timeliness.” “Suggests new approaches” would be preferable to “industrious.” This is because the supervisor evaluating the individual is using baselines and batage points suchs as the schedues that she has given the employee, rather than being forced to reach a conclusion about the employee’s timeliness in general The employer should request justifications of rating wherever possible. Some researchers have suggested that documentation should be required only where a rating is extreme; however, this may be construed by the court as bending over backward only in those circumstances where the rating may be questioned. To the contrary, where an employer maintains a policy that each evaluation should be documented, the consistency of treatment is a defense in itself In addition to affording the employee the opportunity to be heard during the process, the employer should establish a formal appeals process, which the employee may follow subsequent to receipt a final appraisal. This process may be implemented by the
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  • Fall '18
  • vardaman
  • Law, Discrimination, Supreme Court of the United States, Equal Employment Opportunity Commission

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