MGMT 3340

1
MGMT 3340

• The Hiring Process
• Chapter 4

2
Recruitment, Applications, Interviews

• Clippings Discriminatory practices, records,
  employee referrals

3
Recruitment

• Evidence of Discrimination in Recruitment
• Comparison of Selection Rates
• Relevant Labor market people who are qualified
  for the type of work in question.
• Employers applicant pool is compared to the
  protected class composition of people who are
  qualified for the type of work in question.
• May be local, regional, national, or even
  international in scope depending on the job and
  availability of people qualified to do the job
  customary hiring practices in the industry.
• Use of general population for comparison may be
  applicable when job in question calls for general
  skills that most people would possess.
• Joes Stone Crab case 1991 2002 11 years of
  fun in the sun?

4
Recruitment Mechanisms

• Want Ads Job Announcements
• General Rules
• Disseminate information about employment
  opportunities as broadly as is feasible.
• Wording of want ads and other types of job
  announcements must be neutral.
• Employers should create written job announcements
  and widely disseminate them.

5

• Employment Agencies
• Coding systems to convey information about the
  protected class characteristics of prospective
  referrals discriminatory preferences of
  employers.
• Discriminatory preferences of a customer or
  client are not a defense to discrimination
  charges.

6

• Nepotism Word-of-mouth hiring
• Nepotism not a per se violation depends
  heavily on the composition of the work force.
• Word-of-mouth composition of work force and
  reliance on mechanicism.

7
Applications Interviews

• Application Process
• Key issue Application policy must be adhered
  to in a consistent manner.
• Have a standard application form
• Prohibit marks or notes on application forms
• Do not accept unsolicited applications
• Follow record keeping requirements
• http//www.eeoc.gov/policy/docs/qanda-ugesp.html
• Reasonable accommodation for disabled persons

8
Pre-employment Inquiries

• General rules
• Never directly inquire about protected class
  characteristics (on application forms, during
  interviews, or in informal conversations)
• Never indirectly inquire about protected class
  characteristics (for eg. Date of High School
  Graduation All Organizational Memberships)
• Avoid inquiry about requirements or criteria that
  are not uniformly applied to job candidates
  (child bearing plans)
• Avoid questions about requirements that have a
  high probability of producing adverse impact
  (height weight)
• Key to reducing exposure to litigation
• Properly train all employees involved in the
  process
• Interviewers in particular but do not forget
  total process.

9
Medical Inquiries

• Employers should refrain from seeking medical
  information from all applicants disabled or not.
• Candidates may be asked to demonstrate how they
  would perform the essential functions of a job.
• Employers may make medical inquiries after
  extending a conditional job offer.

10
Statements by Employers Employees

• Unfulfilled promises can give rise to claims of
  fraud, negligent misrepresentation, breach of
  contract.
• Employers should refrain from making promises to
  job candidates as inducements to accept jobs
  unless they are willing to live up to those
  promises.

11

• False Statements by Applicants
• Employers policy should require that job
  candidates provide complete and truthful
  information and specify penalty for failing to do
  so should be consistently enforced and require
  employees to acknowledge acceptance.
• After-acquired evidence may limit reinstatement
  and other remedies if employer can show that it
  would not have hired the individual if it knew of
  the falsification.
• Consistent application of policy is again
  important.