EMPLOYMENT POLICIES

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EMPLOYMENT POLICIES
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JOB ADVERTISEMENTS

• The advertisement should include
• Job qualifications
• Position description
• Education (job related)
• Hours days of position (incl full-time/part-time
  )
• Wage
• Experience
• Benefits
• Positive statement about company and position

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JOB ADVERTISEMENTS

• Method by which to apply (in person, by mail, by
  email)
• Pre-employment drug screening (if applicable)
• What else should be included?
• What should not be included?

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JOB APPLICATION

• What information should it elicit?
• What should it not ask?
• Is there other information it should provide?
• At will relationship
• Authorize other employers to release information
  without liability
• Advise of prehiring testing
• Result of false information
• ADR provisions

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JOB DESCRIPTION

• Should state in detail the essential functions of
  a position, those duties that that will be
  performed only occasionally, 7 the length of time
  that will be spent on each duty.

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JOB DESCRIPTION

• Factors used to consider whether a duty is
  essential include whether
• The position exists to perform the function
• The function is one in which there are a limited
  number of employees who can perform it
• The function is so highly specialized that the
  person performing it must have particular
  expertise or ability to perform the function

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INTERVIEW QUESTIONS
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INTERVIEW QUESTIONS
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INTERVIEW QUESTIONS
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INTERVIEW QUESTIONS
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INTERVIEW QUESTIONS
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INTERVIEW QUESTIONS
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INTERVIEW QUESTIONS
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Legality of Testing

• Business necessity
• Provide job analysis data to support
• Job related
• Subgroup norming (making adjustments within a
  particular subgroup) made illegal by the Civil
  Rights Act of 1991
• Uniform Guidelines on Employee Selection
  Procedures

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Legality of Testingfor Ineligibility

• Tests for ineligibility may be limited by state
  statutes or local ordinances
• Employers may be liable for certain tort claims
  because of ineligibility testing
• Invasion of privacy
• Reckless or negligent infliction of emotional
  distress
• Defamation
• Wrongful discharge

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Forms of Testing

• Polygraphs Federal Employee Polygraph Protection
  Act of 1988 severely restricts use of polygraph
  in employment decisions by most employers
• Integrity personality tests
• Integrity tests measure a wide variety of
  constructs
• Validity may be questionable but tests do not
  appear to adversely impact any protected groups
• Personality tests appear to be non-discriminatory
  
• Need to measure job-related personality
  dimensions
• Tests should have face validity
• Drug alcohol Covered under the Drug-Free
  Workplace Act of 1988

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Forms of Testing

• Physical ability Should measure only essential
  functions
• Intelligence Highly criticized as basis for
  disparate impact discrimination
• Medical testing Permitted prior to employment
  but after an offer has been made
• Must apply to all employees in the same job
  category

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Forms of Testing

• Genetic Testing Evaluates an individuals
  biological predisposition to certain diseases
• May encourage discrimination based on fears and
  myths
• HIV/Aids Testing Inappropriate
• Does not serve a legitimate business purpose
• Does not indicate HIV status as of the day of the
  examination
• Many arguments for and against HIV/AIDS testing
  for health care workers

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Background and reference checks

• Can request credit report and DMV
• Checks may violate due to the Fair Credit
  Reporting Act
• Request information on conviction, but not arrest
  record
• May wish to get permission of release from
  applicant for the following
• - Credit check
• - Education records
• - Military service records
• - Medical records
• - Past employment references (if detailed
• records)
• -

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Performance Appraisals Same old issues

• Disparate impact may occur with systems that
  perpetuate stereotypes
• Disparate treatment may occur if employees in the
  same position are subject to different appraisal
  criteria
• Employee may charge the employer with defamation
• Negligence may result if a performance evaluation
  is not conducted properly

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The Regulation of Work on the Job

• Work related rules are best when employees are
  involved in their development, they are clearly
  communicated and consistently applied
• Work rules must be applied fairly and without
  discrimination
• Employers should clearly identify acts of
  insubordination

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Discipline

• Discipline decisions should be applied with
  objectivity and without discrimination
• Actions should be factually and completely
  documented