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EMPLOYMENT LAW PRACTICE GROUP

ROUNDTABLE DISCUSSION: The Latest Pronouncements from the EEOC and Your Recruiting and Hiring Processes. EMPLOYMENT LAW PRACTICE GROUP. Recruiting/Hiring Process Goals. Select employees who will conduct themselves in a lawful and ethical manner. Recruiting/Hiring Process Goals (cont.).

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EMPLOYMENT LAW PRACTICE GROUP

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  1. ROUNDTABLE DISCUSSION:The Latest Pronouncements from the EEOC and Your Recruiting and Hiring Processes EMPLOYMENT LAW PRACTICE GROUP

  2. Recruiting/Hiring Process Goals Select employees who will conduct themselves in a lawful and ethical manner.

  3. Recruiting/Hiring Process Goals (cont.) Reduce risk of liability for negligent hiring.

  4. Recruiting/Hiring Process Goals (cont.) Select employees with a history of achievement.

  5. Recruiting/Hiring Process Goals (cont.) Select employees with a history of attendance.

  6. Recruiting/Hiring Screening Tools: Arrest and Conviction Records

  7. Recruiting/Hiring Screening Tools (cont.) • High School Diploma

  8. Equal Employment Opportunity Commission 12/02/2011 Informal Discussion Letter

  9. EEOC: Any qualification standard (such as a diploma requirement) must be job related and consistent with business necessity.

  10. EEOC: Unless job related and consistent with business necessity, a diploma requirement may violate ADA.

  11. Equal Employment Opportunity Commission 04/25/2012 Enforcement Guidance

  12. EEOC: Unless job related and consistent with business necessity, screening applicants on the basis of arrest and conviction records may violate Title VII.

  13. Proving Job Relatedness/Business Necessity: Essential Functions of Position

  14. Proving Job Relatedness/Business Necessity (cont.) Screening tool is a valid/reliable predictor of ability to perform essential functions.

  15. Best Practices Validation Study – 29 C.F.R. 1607.5

  16. Best Practices (cont.) Consider the nature and gravity of the offense/conduct.

  17. Best Practices(cont.) Consider the time that has passed since the conduct/completion of sentence.

  18. Best Practices(cont.) Consider specifics of supervision and interaction of position.

  19. Best Practices(cont.) Develop an individualized assessment Look past the pass/fail nature of screening tool to focus on one specific quality you are using the screening tool to measure.

  20. Best Practices(cont.) Example: XYZ Inc. has a policy of excluding applicants with arrest records from cashier positions on trustworthiness grounds.

  21. Best Practices(cont.) XYZ should instead focus on the underlying conduct leading to the arrest.

  22. Best Practices (cont.) XYZ should also allow applicant the opportunity to explain the circumstances.

  23. Best Practices (cont.) Perform reasonable accommodation analysis if ADA is implicated.

  24. Website: www.brownwinick.com Toll Free Phone Number: 1-888-282-3515 OFFICE LOCATIONS: 666 Grand Avenue, Suite 2000 Des Moines, Iowa 50309-2510 Telephone: (515) 242-2400 Facsimile: (515) 283-0231 616 Franklin Place Pella, Iowa 50219 Telephone: (641) 628-4513 Facsimile: (641) 628-8494 DISCLAIMER: No oral or written statement made by BrownWinick attorneys should be interpreted by the recipient as suggesting a need to obtain legal counsel from BrownWinick or any other firm, nor as suggesting a need to take legal action. Do not attempt to solve individual problems upon the basis of general information provided by any BrownWinick attorney, as slight changes in fact situations may cause a material change in legal result.

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