Beware of Rip Currents: Managing the Ebb & Flow of Applicants Presented by: Cara Crotty Sylvia Smith Constangy, Brooks & Smith, LLP. < 500 501 - 2,000 2,001 - 5,000 5,001 – 10,000 > 10,000. 13% 13% 17% 17% 40%. Poll How many employees are there in your company?. Less than 5 5-20
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501 - 2,000
2,001 - 5,000
5,001 – 10,000
Less than 5
Who knows? I’ve lost count!
Poor recordkeeping is single biggest reason for findings of discrimination.
State of the art electronic ATS
Excel or other manual database
Each establishment manages their own…. Who knows?
Paper applications only
We only worry about this when audited
C O N S T A N G Y
B R O O K S & S M I T H, L L C
The Employers’ Law Firm, Since 1946
Individual submits expression
of interest in employment
through Internet or
Includes all expressions of interest, regardless of how submitted, if you
consider expressions of interest made through Internet or related
technologies in the selection process for the particular position
”Consider” = You assess substantive information provided in expression
of interest with respect to qualifications involved with a particular position
You consider the individual
for employment in
a particular position
You may establish protocol, including data management technologies,
to refrain from considering some expressions of interest
Expression of interest indicates
the individual has the basic
qualifications for the position
Basic qualifications must be advertised
or established and documented in advance
Basic qualifications must be: (1) non-comparative; (2) objective;
and (3) relevantto the job
Individual can withdraw by: (1) express statement; (2) repeated
non-responsiveness; or (3) information provided in expression of interest
Individual does not remove himself
from selection process prior
to receiving an offer
IRA = -2.49 SD
Unable to Contact
Don’t meet BQ
IRA = .68 SD
HR has to track down manager each time to get reason for non-selection.
Manager takes detailed notes and provides HR with job-related reason for non-selection.
For those not selected, HR just notes that manager hired most qualified candidate.
We don’t worry about results of the interviews as long as we know who was hired.
Only when there is disparate impact overall
Sometimes, i.e., to determine if test has impact
I have no idea, but I’m going to find out when I get home from this conference!
Referrals by-pass our applicant process and are automatically considered.
Referrals must apply like everyone else and are treated the same as other applicants.
Referrals must apply like everyone else, but we give them priority in the process.
It depends on who referred them.
They aren’t US citizens, so we don’t bother.
We include employees in AAP, but do not include applicants in analysis.
We track and analyze like all other applicants.
We only count people in year they applied.
Applicants follow the “hire,” so applicants in 2012 may be counted in 2013 if hire occurred then.
We don’t use requisition numbers, so we can’t always pair the applicants to a specific hire.
Yes, what’s the point of recruiting if we can make sure they are considered?
No, all applicants are treated the same.
It depends on the recruitment source.
Cara Crotty, Esquire
Sylvia Smith, AAP Specialist