1 Hiring Hiring Paul L. Schumann, Ph.D. Paul L. Schumann, Ph.D. © 2011 by Paul L. Schumann. All rights © 2011 by Paul L. Schumann. All rights reserved. reserved.
Jan 03, 2016
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HiringHiring
Paul L. Schumann, Ph.D.Paul L. Schumann, Ph.D.
© 2011 by Paul L. Schumann. All rights reserved.© 2011 by Paul L. Schumann. All rights reserved.
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Employment DiscriminationEmployment Discrimination
Equal Pay ActEqual Pay Act• Pay discrimination based on sexPay discrimination based on sex
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Employment DiscriminationEmployment Discrimination
Civil Rights Act: Title VIICivil Rights Act: Title VII• Employment discrimination based on Employment discrimination based on
race, color, religion, sex, or national race, color, religion, sex, or national originorigin
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Employment DiscriminationEmployment Discrimination
Age Discrimination in Employment Age Discrimination in Employment ActAct• Employment discrimination based on Employment discrimination based on
age (if 40 or older)age (if 40 or older)
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Employment DiscriminationEmployment Discrimination
Americans with Disabilities ActAmericans with Disabilities Act• Employment discrimination based on Employment discrimination based on
disabilitydisability Disability:Disability: substantially limits one or more substantially limits one or more
major life activitiesmajor life activities
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Types of DiscriminationTypes of Discrimination
Disparate treatment:Disparate treatment: treat people treat people differently based on a protected differently based on a protected characteristiccharacteristic• Employer’s defenses:Employer’s defenses:
Show a legitimate nondiscriminatory reason Show a legitimate nondiscriminatory reason for the employment decisionfor the employment decision
Show that a particular religion, sex, or Show that a particular religion, sex, or national origin is a Bona Fide Occupational national origin is a Bona Fide Occupational Qualification (BFOQ)Qualification (BFOQ)
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Types of DiscriminationTypes of Discrimination
Disparate impact (adverse impact):Disparate impact (adverse impact): neutral practices disproportionately neutral practices disproportionately disqualify members of protected disqualify members of protected groupsgroups• Employer’s defense:Employer’s defense:
Show that the challenged practice is job-Show that the challenged practice is job-related or a business necessityrelated or a business necessity
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Affirmative ActionAffirmative Action
Who?Who?• Federal contractors (EO 11246 & 11375)Federal contractors (EO 11246 & 11375)• VoluntaryVoluntary
How?How?• Identify problem areas: utilization vs. Identify problem areas: utilization vs.
availability analysisavailability analysis• Develop remedies: Goals & timetables, Develop remedies: Goals & timetables,
with action steps to achieve goalswith action steps to achieve goals Can’t be an absolute bar to the majorityCan’t be an absolute bar to the majority
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EnforcementEnforcement
Equal Employment Opportunity Equal Employment Opportunity Commission (EEOC)Commission (EEOC)• www.eeoc.gov
Office of Federal Contract Office of Federal Contract Compliance Programs (OFCCP)Compliance Programs (OFCCP)• www.dol.gov/ofccp/
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RecruitingRecruiting
Recruit a pool of well-qualified Recruit a pool of well-qualified applicants for the positionapplicants for the position• What are the essential qualifications?What are the essential qualifications?• What is the relevant labor market?What is the relevant labor market?• How can we communicate with well-How can we communicate with well-
qualified people in the relevant labor qualified people in the relevant labor market?market?
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Selection MethodsSelection Methods
Purpose: get information on each Purpose: get information on each applicant’s qualificationsapplicant’s qualifications
Selection method standards:Selection method standards:• ReliabilityReliability• ValidityValidity• GeneralizabilityGeneralizability• UtilityUtility• LegalityLegality
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Selection MethodsSelection Methods
InterviewsInterviews• Structured interviewsStructured interviews
Ask only job-relevant questionsAsk only job-relevant questions Questions styles:Questions styles:
• Good: Future-oriented (situational interview)Good: Future-oriented (situational interview) ““What would you do if ….”What would you do if ….”
• Better: Experienced-based (behavioral interview)Better: Experienced-based (behavioral interview) ““Tell me about a time when ….”Tell me about a time when ….”
Answers are numerically ratedAnswers are numerically rated Optional: Use multiple, trained interviewersOptional: Use multiple, trained interviewers
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Selection MethodsSelection Methods
ReferencesReferences• Always check referencesAlways check references
Otherwise, risk of negligent hiringOtherwise, risk of negligent hiring
• Provide accurate information that can Provide accurate information that can be documentedbe documented
Otherwise, risk of:Otherwise, risk of:• Defamation of characterDefamation of character• Negligent misrepresentationNegligent misrepresentation
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Selection MethodsSelection Methods
Physical Ability TestsPhysical Ability Tests• Be sure the physical ability being tested Be sure the physical ability being tested
is truly job-relevantis truly job-relevant• Monitor for adverse impactMonitor for adverse impact• Consider possible reasonable Consider possible reasonable
accommodationsaccommodations Cognitive Ability TestsCognitive Ability Tests
• Monitor for adverse impactMonitor for adverse impact
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Selection MethodsSelection Methods
Personality InventoriesPersonality Inventories• Big 5 Dimensions of Personality:Big 5 Dimensions of Personality:
Extroversion:Extroversion: sociable, talkative, expressive sociable, talkative, expressive Adjustment:Adjustment: stable, non-depressed, secure stable, non-depressed, secure Agreeableness:Agreeableness: courteous, trusting, tolerant, courteous, trusting, tolerant,
cooperative, forgivingcooperative, forgiving Conscientiousness:Conscientiousness: dependable, dependable,
persevering, thoroughpersevering, thorough Inquisitiveness:Inquisitiveness: curious, imaginative curious, imaginative
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Selection MethodsSelection Methods
Work SamplesWork Samples• Job-specificJob-specific
Honesty & Integrity TestsHonesty & Integrity Tests• Personality-Oriented Integrity TestsPersonality-Oriented Integrity Tests
Low adjustment, low agreeableness, & low Low adjustment, low agreeableness, & low conscientiousness conscientiousness more likely to engage more likely to engage in counter-productive work behaviorsin counter-productive work behaviors
• Overt Integrity TestsOvert Integrity Tests
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Selection MethodsSelection Methods
Drug TestsDrug Tests• Part of pre-employment medical examPart of pre-employment medical exam
After making job offer contingent on passingAfter making job offer contingent on passing
• Potential concern: false accusationsPotential concern: false accusations
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Selection MethodsSelection Methods
InterviewsInterviews Reference checksReference checks Physical ability testsPhysical ability tests Cognitive ability testsCognitive ability tests Personality inventoriesPersonality inventories Work-sample testsWork-sample tests Honesty & integrity testsHonesty & integrity tests Drug testsDrug tests