Tools for Successful Selection
Job Application Forms
What Should be Included?
• Employers can ask anything that will help
them make a better hiring decision
– but burden of proof is on employer
• Job/organizational analysis should provide
one basis for content
• Some questions are better after hiring
• Include a disclaimer/waiver
Using Application Data
• Traditional subjective approach
• Training and Experience Checklists
• Biodata approach (WABs, BIBs)
– Information in application forms can be scored
– Weighting formula can be used to create a score
Weighted Application Blanks
• Information on existing application blank is
scored and relationship of each item to
criterion is determined
• Only the relevant items are used (and
weighted) to create WAB score
Biographical Information Blanks
• Biodata questionnaires are developed to
measure demographics, experiences,
interests, attitudes of applicant
• Broader, longer, and more “rational” than
WABs
• Only items predicting job performance are
included in final, weighted score
Tools for Successful Selection
Background and Reference Checks
Basic Assumptions
• Past behavior is a good predictor of future
behavior
• Employer has a responsibility to assess past
behavioral problems
Negligent Hiring
A violation of an employer’s common law
duty to protect its employees and customers
from injury by hiring an employee it knew
(or should have known) posed a threat of
risk.
Criteria for Negligent Hiring
• Broader than doctrine of respondeat superior
– liable for employees’ actions committed in scope of
employment
• Employer responsible for “foreseeable”
consequences of hiring a person
– even if reckless and beyond scope of employment
– if employer knew or should have known of employees’
unfitness
• Greater risk of harm--> higher standard of care
Defamation of Character
The offense of injuring a person’s character,
fame, or reputation by false and malicious
statements
• Slander - if spoken
• Libel - if written
Safe Reference Checking
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Obtain employee’s permission
Have employee waive right to review
Defense of truth
Privileged communication
– “[when] a duty [moral, social, legal] to speak and an
interest to hear facts about anther's performance are
relatively more important than an individual’s
reputation”
Privileged Communication
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Must be in good faith
Without malice
By party in position to evaluate information
Directed towards party with legitimate
interests
Recent Legal Developments
• Many states are considering protections for
good faith job references
• May increase likelihood of negligent
hiring/negligent referral lawsuits if
employers don’t check references
Negligent Referral
Companies may be liable for not fully and
truthfully disclosing knowledge about a past
employee’s potential for causing harm
Recommendations
-Reference Seekers
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Ask for only job-related information
Obtain from knowledgeable source
Document procedures & information
Obtain written permission of applicant
Check multiple references
Verify negative information
Background and Criminal
Investigations
• May be appropriate for high risk jobs
• Particularly to check for:
– violent behavior
– fraudulent behavior
• Informus Corporation is one example
• Be sure you can defend necessity of
information
Recommendations
-Reference Providers
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Provide only job related information
Have employees sign release
Provide only documented information
Have a written policy
Provide only written references