CIL-NET at ILRU1

CIL-NET Presents…

Effective Hiring PracticesA National Teleconference & Webinar

March 2, 2011

Presenter:

Melanie Lockwood HermanMelanie Lockwood Herman

CIL-NET at ILRU2

CIL-NET Presents…

Effective Hiring PracticesA National Teleconference & Webinar

March 2, 2011

Presenter:

Melanie Lockwood HermanMelanie Lockwood Herman

CIL-NET at ILRU3

When Does Hiring Begin?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

CIL-NET at ILRU4

Hiring GoalsHiring 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

CIL-NET at ILRU5

What are the Risks?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

CIL-NET at ILRU6

Risks to the OrganizationRisks 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

CIL-NET at ILRU7

The Hiring ProcessThe 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

CIL-NET at ILRU8

Essential Tools in the Hiring Process• Position Description• Application• Interviews• Reference Checks• Background Checks

CIL-NET at ILRU9

Independent Contractors vs. Independent Contractors vs. EmployeesEmployees• 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

CIL-NET at ILRU10

Avoiding Illegal Discrimination in Avoiding Illegal Discrimination in HiringHiring• 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

CIL-NET at ILRU11

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

• Only persons who meet the minimum qualifications (including completion of an application) need to be considered applicants

CIL-NET at ILRU12

Four Steps, cont’d.

3. Be consistent – use same application process, same interview questions

4. Use job-related criteria to make hiring decisions

• Business-related reasons should determine why one candidate was selected in favor of another

CIL-NET at ILRU13

Questions and AnswersQuestions and Answers

CIL-NET at ILRU14

Legal Do’s and Don’tsLegal 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

CIL-NET at ILRU15

More Legal Do’s and Don’tsMore 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

CIL-NET at ILRU16

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.

CIL-NET at ILRU17

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].

CIL-NET at ILRU18

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: _________________

CIL-NET at ILRU19

Position DescriptionPosition 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?”

CIL-NET at ILRU20

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

CIL-NET at ILRU21

ApplicationApplication

• 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

CIL-NET at ILRU22

InterviewsInterviews

• 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

CIL-NET at ILRU23

Questions to AvoidQuestions 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…

CIL-NET at ILRU24

Don’t Ask!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.

CIL-NET at ILRU25

Questions to an Applicant with a Questions to an Applicant with a DisabilityDisability • 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/guidance-inquiries.html#N_6

CIL-NET at ILRU26

Questions and AnswersQuestions and Answers

CIL-NET at ILRU27

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.

CIL-NET at ILRU28

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 disability-related 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.

28

CIL-NET at ILRU29

Applicants with DisabilitiesApplicants 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

CIL-NET at ILRU30

Reference Checks: Reference Checks: Top Reasons to Check ReferencesTop 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.

CIL-NET at ILRU31

Reference Checks, cont’d.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.

• 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

CIL-NET at ILRU32

Also…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.

• 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

CIL-NET at ILRU33

Reference Getting ChallengesReference 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

CIL-NET at ILRU34

Reference Checking ApproachesReference 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

CIL-NET at ILRU35

Risk Management Tips for Safe Risk Management Tips for Safe Reference Reference GettingGetting

• 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?

CIL-NET at ILRU36

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

CIL-NET at ILRU37

Insist on Relevant ReferencesInsist 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.

CIL-NET at ILRU38

Telephone Reference Checking TipsTelephone 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

CIL-NET at ILRU39

Sample Reference Checking Sample Reference Checking QuestionsQuestions• 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?

CIL-NET at ILRU40

More Sample QuestionsMore 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?

CIL-NET at ILRU41

Criminal History Background Criminal History Background ChecksChecks• 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

CIL-NET at ILRU42

Questions and AnswersQuestions and Answers

CIL-NET at ILRU43

Wrap Up and EvaluationWrap Up and Evaluation

• Please complete the evaluation of this program by clicking here:

https://vovici.com/wsb.dll/s/12291g48efc

CIL-NET at ILRU44

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.