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Jeffery L. Thompson Telephone: 478-621-2423 E-mail: jthompson@constangy

Recruiting the Best Crew. Jeffery L. Thompson Telephone: 478-621-2423 E-mail: jthompson@constangy.com. Topics That Will Be Discussed. EEOC Strategic Enforcement Plan Interview Dos and Donts Background Checks, Credit Checks, and the EEOC. EEOC Strategic Enforcement Plan.

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Jeffery L. Thompson Telephone: 478-621-2423 E-mail: jthompson@constangy

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  1. Recruiting the Best Crew Jeffery L. Thompson Telephone: 478-621-2423 E-mail: jthompson@constangy.com

  2. Topics That Will Be Discussed • EEOC Strategic Enforcement Plan • Interview Dos and Donts • Background Checks, Credit Checks, and the EEOC

  3. EEOC Strategic Enforcement Plan • ADA Targeting (end of leave, essential functions, reasonable accommodations with new technologies, the conversation) • Pregnancy Accommodations (not ADA generally but evaluated differences between how other conditions treated)

  4. Interviewing Dos and Don’ts

  5. EEOC Nationwide Priorities • Eliminating Systemic Barriers in Recruitment and Hiring • Exclusionary Policies and Practices • Restrictive Application Processes (i.e., pre-employment tests, background screens, date of birth screens and on-line applications).

  6. Employment Laws Relevant to Hiring • Title VII of Civil Rights Act of 1964 • Americans With Disabilities Act • Age Discrimination in Employment Act • Pregnancy Discrimination Act • Fair Credit Reporting Act

  7. EEOC Nationwide Priorities • Eliminating Systemic Barriers in Recruitment and Hiring • Exclusionary Policies and Practices • Channeling/Steering of Individuals Into Specific Jobs Due to Their Status in a Particular Group • Restrictive Application Processes (i.e., pre-employment tests, background screens, date of birth screens and on-line applications).

  8. Title VII of Civil Rights Act of 1964 • Prohibits Discrimination • Race • Color • Religion • National Origin • Gender • Sex (including pregnancy)

  9. Title VII of Civil Rights Act of 1964 • Enforced By EEOC • Violations: • Disparate Treatment • Disparate Impact

  10. Age Discrimination in Employment Act(ADEA) • Employees 40 and Older • Discharged or Demoted • Replaced by Person Under 40 • Qualified to do Job

  11. Americans with Disabilities Act(ADA) • “Qualified” Individual • With “Disability” • Reasonable Accommodation

  12. Are You Violating the ADA ? • Improper Medical Questioning (Pre-Offer Questioning) • Failure to Maintain Medical Records Properly – Keep Them Separately • Failure to Accommodate • Failure to Engage in the “Interactive Process” • “Regarding” Employee’s As Disabled

  13. Example of Discrimination Claim Based on Interview

  14. Legal?

  15. Legal?

  16. Proper Hiring • Follow Procedures • Do Not Write on Applications • Record Notes on Separate Sheet of Paper

  17. What Questions Have You Always Wanted to Ask During an Interview?

  18. Things Not To Discuss: • Age of applicant. • Religion of applicant. • Home ownership. Car ownership. • Arrest records/conviction for crimes that are not related to traits necessary for job performance. • Martial status. • Pregnancy.

  19. Things Not To Discuss: • Child care problems/parenting responsibilities. • Plans to have children/number of children. • Contraceptive practices. • Unwed motherhood or any associated issues. • Height and weight (unless job related). • Race, color, or national origin.

  20. Things Not To Discuss: • Service and membership in National Guard or Reserve. • Medical conditions (Can obtain information in post-job offer phase). • Submission to polygraph exam. • Comments about dress, hair length, general appearance.

  21. Interview Do’s & Don’ts: • Please list any diseases for which you've been treated within the past two years. • Have you ever been hospitalized? If so, for what condition? • Have you ever suffered any mental impairment or been treated for any mental conditions?

  22. EEOC - Criminal Background Checks

  23. Discussion Question #1 Justin has applied for a job at your hospital. His background check shows an eleven year old conviction for resisting arrest and two convictions for writing worthless checks that are five years old. Do you hire Justin?

  24. EEOC’s Position on Criminal Background Checks • Uniform Employee Selection Procedures • Targeted screen considering • The nature of the crime, • The time elapsed, • The nature of the job, AND • Provides an opportunity for an individualized assessment to determine if job-related and consistent with business necessity.

  25. EEOC and Criminal Background Checks • June 11, 2013, EEOC filed 2 suits that received extensive media coverage: • EEOC v. Dolgencorp dba Dollar General • EEOC v. BMW Manufacturing Co. • Agency has had little success in existing cases. • EEOC v. Peoplemark, Inc.– blanket prohibition on hiring convicted felons.

  26. Hot Topic:EEOC on Criminal Backgrounds • EEOC sent out new enforcement guidance as of April 25, 2012 • An employer’s neutral policy of excluding applicants based on certain criminal conduct may violate the law if not job related and consistent with business necessity • EEOC is concerned with disparatetreatment and disparate impact

  27. Example of “Exclusionary Policies/Practices” Credit History Checks

  28. Credit History • Can I lawfully check it? • Yes, needs to be job related and consistent with business necessity.

  29. Bankruptcy Protection Act Cannot discriminate based on bankruptcy Applies to hiring, promotions, terminations, etc.

  30. Compile and Evaluate Data • Does the information obtained from the application, resume, and reference checks line up? • Are there any gaps of time which are unaccounted for? • Are there inconsistent or irreconcilable accounts? • If an inconsistency exists is it worth exploring further? • Prepare a list of questions for interviewing the applicant.

  31. Other Problematic Areas • Promises regarding the job • Promises regarding length of employment • Keeping applications in desks

  32. Checklist for Interviewing Job ApplicantsAndAvoiding Litigation!

  33. Hiring Checklist: • Get a good employment application. Require applicant, in person, to complete all information on application. • Maintain application for no longer than one (1) year. • State on application how long the application is active. Write interview notes separate from application. Don’t use codes. • Do not take applications unless you have a job position open.

  34. Hiring Checklist: • Accurately define the requirements of the job in terms of skills, education, physical requirements, personality, and experience. • Make sure that all questions are job related. • Prior to interviewing develop a list of open ended questions. • Conduct a thorough background check.

  35. Hiring Checklist: • Avoid telling applicants that they are hired during interview. Don’t extend offers over telephone. • Review orientation checklist, work rules and requirements of employment prior to hiring and get commitment from applicant to follow your policies. • Never promise applicant employment for a “fixed length” of time, discharge of cause or anything else that could undermine employment “at-will.”

  36. Final Thoughts • It Starts At Home - Lilly Tomlin

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