CIL-NET Presents…
Effective Hiring Practices
A National Teleconference & Webinar
March 2, 2011
Presenter:
Melanie Lockwood Herman
CIL-NET at ILRU
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CIL-NET Presents…
Effective Hiring Practices
A National Teleconference & Webinar
March 2, 2011
Presenter:
Melanie Lockwood Herman
CIL-NET at ILRU
1
When Does Hiring Begin?
• Hiring begins when an organization identifies the
need for personnel
• A common mistake is to move too quickly into
recruitment
• A better approach is to begin the process of
hiring with the Position
Description—even
when you believe that
the position hasn’t changed
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Hiring Goals
• The overarching goal of the hiring
process is to select the best
applicants to fill open positions
• Another related goal is to avoid
hiring individuals whose
backgrounds or experience
render them unsuitable for staff
positions
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What are the Risks?
• The biggest overall risk is hiring someone who is
ill-suited for the position or the organization
• A legal risk in hiring is illegal discrimination
• Another risk is hiring someone who poses a danger
to consumers. A new hire may bring the risk of:
– Physical harm
– Emotional harm
– Theft of or damage to property
– Violations of privacy
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Risks to the Organization
• In addition to creating risk to consumers,
a new hire can also pose risk to the
organization’s:
– Financial assets
– Reputation among
various stakeholder groups
– Staff morale
– Safety of other staff and volunteers
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The Hiring Process
• Concurrent goals include:
– Finding the most suitable applicants
– Casting a wide net
– Proceeding within legal boundaries
• Keep in mind that state-specific laws expand federal
civil rights’ protection
• State laws often apply to employers with fewer than
15 employees (the Federal threshold)
– Tailoring the process based on the risks of the position
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Essential Tools in the Hiring Process
•
•
•
•
•
Position Description
Application
Interviews
Reference Checks
Background Checks
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Independent Contractors vs. Employees
• Independent contractors should not be treated like
employees, although some states protect contract
workers against discrimination:
– New Jersey, Pennsylvania and Washington
• An independent contractor should have a written
contract with the organization, not a position
description
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Avoiding Illegal Discrimination in Hiring
• Develop an EEO policy that is championed by
senior management
• Make employment decisions in a transparent
manner
• Recruit and hire with equal employment
opportunity in mind
• Strive to widen and diversify the pool of applicants
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Four Steps to Avoid Illegal
Discrimination in Hiring
1. Determine the minimum qualifications of the
open position
•
•
List physical requirements, if any
List minimum education or experience requirements
2. Determine who is an applicant for an open
position
•
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Only persons who meet the minimum qualifications
(including completion of an application) need to be
considered applicants
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Four Steps, cont’d.
3. Be consistent – use same application process,
same interview questions
4. Use job-related criteria to make hiring
decisions
•
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Business-related reasons should determine
why one candidate was selected in favor of
another
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Questions and Answers
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Legal Do’s and Don’ts
• Create objective, job-related qualifications standards
for each position
– Job standards should be consistent with business
necessity and related to the job at issue
• Try to avoid “homogeneous” recruiting practices, such
as word-of-mouth and announcing position openings in
the same publications
• Be sensitive to religious accommodations
– Negotiate to find a reasonable accommodation for
religious practices
– Resource:
www.eeoc.gov/policy/docs/qanda_religion.html
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More Legal Do’s and Don’ts
• Avoid creating unintentional employment contracts
– Do not make promises you are unable to keep
– Add a Certification paragraph to your application
• Use an Application rather than relying on
resumes
– Applications allow you to collect consistent information
from all applicants
– Applications can include important language to protect
your nonprofit, including:
• A truth clause
• Permission to check the applicants’ background and
waiver
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Certification
• By my signature below, I certify that this information
is accurate and complete. I understand that giving
incomplete or false information during the hiring
process is a serious matter and is grounds for
dismissal and forfeiture of related benefits. I
authorize [Name of Organization] and any of its
authorized representatives to investigate any and all
of the information contained in this application and to
conduct a thorough background check as to my
suitability for employment, including a criminal
history records check.
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Certification, cont’d. 2
• I understand that if hired, my status will be that of an
employee at will, with no contractual right, express or
implied, to remain in [Name of Organization]’s employ for
any specific length of time. I understand that my
employment may be terminated, with or without cause or
notice. I understand that no one has the authority
verbally to change these terms and that only a written
agreement signed by me and the CEO of [Name of
Organization] can change the at-will nature of my
employment. I have read and understand and agree to
the provisions of this application for employment with
[Name of Organization].
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Certification, cont’d. 3
• I give my permission to my past employers to provide
information regarding my performance history to [Name of
Organization]. I hereby consent to and authorize persons
employed by any former employer(s) to disclose any
information they consider relevant to a potential employer
of mine with respect to my work history and/or
performance on the job and I knowingly waive any claim
for disparagement, defamation, slander or libel against my
former employer(s) for sharing such information with
[Name of organization].
Signed: __________________ Date: _________________
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Position Description
• Successful hiring processes begin with a careful
review of the Position Description
• You can’t find the most suitable applicant for a
position that is poorly defined
• Questions to ask when updating or drafting a
position description include:
– Are the duties and responsibilities clear?
– Are the minimum requirements appropriate?
– Is it reasonable to expect to find applicants that “fit the
bill?”
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Elements of a Position Description
• Job Title – use a descriptive, appropriate title
• Job Classification – indicate whether position is exempt
or non-exempt, part time or full time, regular or temporary
• Job Purpose Statement – name of department or
position of supervisor; describe how the position fits into
mission of organization
• Essential Functions – list all physical functions that are
essential, e.g., lifting, driving
• Job Responsibilities – list major job activities, with most
significant responsibilities first
• Minimum qualifications – any skills or abilities that are
required, plus educational degrees, licenses, certifications
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Application
• Ask only the questions whose answers you can use
to evaluate candidates
• Remember to include a Truth Clause, a statement
granting permission to check references, and a
waiver of liability
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Interviews
• Use the same set of questions for all interviewees
for a single position
• Interview questions can vary
based on position, but should
not differ based on candidate
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Questions to Avoid
• Avoid questions whose answers you aren’t
permitted to consider:
– Age/graduation dates
– Length of residence at a particular address
– Issues related to religion unless practicing a religion is a
job requirement
– Applicant’s marital status
– Information about personal finances
– Children/childcare
– Military service
– Prior workers’ compensation claims…
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Don’t Ask!
• Whether applicant uses lawful drug and alcohol products,
smokes, takes any prescription drugs, has ever been addicted
to drugs, or alcohol, or is undergoing treatment for addiction
disorders, or substance abuse.
• Whether applicant has any disabilities, impairments, recurring
illnesses, whether s/he has ever been hospitalized, treated by
psychiatrist, psychologist, or counseled for any mental
condition; whether applicant has had any major illness or
about any health related concern, mental or physical.
• You MAY ask the candidate whether he or she is
capable of performing all the job duties of the written
job description.
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Questions to an Applicant with a Disability
• You may ask the following questions, if you
reasonably believe that applicant’s disability may
affect his/her ability to perform the job duties of the
position:
– Whether applicant needs any particular accommodation
to participate in the hiring process
– Whether applicant can describe or demonstrate how
they would perform job tasks
Resource: www.eeoc.gov/policy/docs/guidanceinquiries.html#N_6
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Questions and Answers
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ADA and Three Stages
• Prior to an offer of employment - the ADA
prohibits all disability-related inquiries and medical
examinations, even if they are related to the job.
– However, where an applicant has an obvious disability, and
the employer has a reasonable belief that s/he will need a
reasonable accommodation to perform specific job
functions, the employer may ask whether the applicant
needs a reasonable accommodation and, if so, what type
of accommodation. These same two questions may be
asked when an individual voluntarily discloses a nonvisible
disability or voluntarily tells the employer that s/he will
need a reasonable accommodation to perform a job.
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Stages Two and Three
• At the second stage (after an applicant is given
a conditional job offer, but before s/he
starts work), an employer may make disabilityrelated inquiries and conduct medical
examinations, regardless of whether they are
related to the job, as long as it does so for all
entering employees in the same job category.
• At the third stage (after employment begins),
an employer may make disability-related inquiries
and require medical examinations only if they are
job-related and consistent with business necessity.
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Applicants with Disabilities
• If the applicant states that their disability will not
affect job performance, you may not pursue the
matter.
• The EEOC offers guidance regarding permissible
pre-employment questions for applicants with
disabilities at:
– www.eeoc.gov/eeoc/newsroom/release/10-10-95.cfm
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Reference Checks:
Top Reasons to Check References
1. The mission of your nonprofit is worth time required
to find most suitable applicant for a key position.
2. Sadly, many applicants lie about their past
–
Lying about getting a degree topped the list of
common lies in 2006 story at www.Forbes.com
(“Most Common Resume Lies,” by Kate DuBose
Tomassi, 5.23.06.)
3. An applicant’s narrative descriptions of past
experience and prior job titles tell an incomplete
story. Many candidates describe themselves as the
person they would like to be, than as they really are.
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Reference Checks, cont’d.
4. To minimize the risk of claims alleging negligent
hiring, e.g., that you did not go far enough in your
screening process and negligently hired someone who
posed a danger.
•
•
•
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Employer had a duty to exercise care in selecting
competent employees
The employer knew, or reasonably should have
known, that employee hired was dangerous or
unfit
The employee actually caused harm
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Also…
5. What you don’t know… CAN hurt you! Check
references to reduce the chance of hiring someone
who has a propensity to violence.
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To increase productivity. If you believe that past
performance is an indicator of future
performance, then you need to find out how an
applicant performed in his/her former role.
•
The 80-20 rule
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Reference Getting Challenges
• The brick wall: former employers who are
unwilling to provide anything beyond a
confirmation of dates of employment and final
salary (“My attorney told us…”)
• No apples to apples: you wind
up with a sketchy basis on which
to consider an applicant; you
need to grapple with how to
weigh inconsistent reference
information
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Reference Checking Approaches
•
•
•
•
In-person meetings - $$$$
Telephone calls - $$
Written reference forms – $
What’s new? Web enabled reference checks – e.g.
www.SkillSurvey.com
– Pre-employment “360 degree” assessment”
– Pros: turnaround, larger sample
– Cons: no opportunity to pose probing questions
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Risk Management Tips for Safe
Reference Getting
• Get permission to check references: Use an
authorization form on or at the time the applicant
applies for a paid or volunteer position
• Ask applicants if there is anyone they do not
want you to contact… and if so, WHY?
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More Tips
• Always check references and verify information
about education or past experience before making
a final job offer
• Follow up any discrepancies in information
provided by the applicant
• Obtain as many references as feasible
• Be skeptical of silence or evasiveness by someone
providing a reference and commit to investigate
further
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Insist on Relevant References
• Insist that the candidate provide
relevant references. If none are
provided, either disqualify the
candidate or check references that
haven’t been provided by tracking
down the applicant’s
most recent supervisors.
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Telephone Reference Checking Tips
• Listen “aggressively” – pay attention to what is
being said plus how it is being said
• Use silence to your advantage
• Ask for other references to verify info provided
• Remember two steps:
– (1) verify information, then
– (2) inquire about performance and developmental
issues
• Don’t “fill in the blanks” with assumptions
• If you don’t understand… say so
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Sample Reference Checking Questions
• What is your business relationship with the
candidate and how long have your known her?
• How did the applicant react in stressful situations?
• Are there any roles or situations in which you
would avoid placing the applicant?
• If you could re-hire the applicant today, would
you?
• What comments or suggestions would you have for
the applicant’s new supervisor?
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More Sample Questions
• How did the applicant’s last
performance review go? What
strengths were noted? What areas
were identified as needing
improvement?
• How effectively did the applicant
supervise others?
• What other people in your organization
can I call about the applicant?
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Criminal History Background Checks
• Determine your disqualification criteria before you
obtain background checks
• A growing percentage of employers use the
services of private screening firms, instead of
accessing state criminal history records repositories
• Make certain your process complies with the Fair
Credit Reporting Act
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Questions and Answers
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Wrap Up and Evaluation
• Please complete the evaluation of this program by
clicking here:
https://vovici.com/wsb.dll/s/12291g48efc
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CIL-NET
• Support for development of this Webinar/teleconference
was provided by the U.S. Department of Education,
Rehabilitation Services Administration under grant number
H132B070002-10. No official endorsement of the
Department of Education should be inferred. Permission is
granted for duplication of any portion of this PowerPoint
presentation, providing that the following credit is given to
the project: Developed as part of the CIL-NET, a
program of the IL NET, an ILRU/NCIL/APRIL
National Training and Technical Assistance Project.
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