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It’s The Law

It’s The Law. The Legal Side of Hiring. Role and Responsibility of Interviewer. Help identify the best person for a particular job Bound by the principles of non-discrimination

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It’s The Law

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  1. It’s The Law The Legal Side of Hiring

  2. Role and Responsibility of Interviewer • Help identify the best person for a particular job • Bound by the principles of non-discrimination • Evaluate each applicant WITHOUT regard to race, color, national origin, religion, sex, age, disability, veteran status or other protected classification

  3. Role and Responsibility • Most valuable tools • Position Description • Interview Guide Ask specific, probing, job-related questions which will be used to compare each candidate against pre-determined, job-related selection criteria.

  4. Equal Employment and Interviewing • Title VII - Federal Law • Pennsylvania Human Relations Act – State Law • City anti-discrimination law * • Four major theories of discrimination • Disparate Treatment • Disparate Impact • Retaliation • Failure to Provide Reasonable Accommodation *Discrimination based on Gender Identity (Transgender Issues)

  5. Equal Employment and Interviewing The Equal Employment Opportunity Commission (EEOC) reports that the selection process is responsible for more charges of discrimination than any other area of employment practice. The interview is one of the most significant phases of this process.

  6. Equal Employment and Interviewing • From the EEO perspective, the main caution to those of you who are conducting selection interviews is to FOCUS the interviews on JOB REQUIREMENTS • General Rule: Be consistent and legal in the information you request from EACH candidate.

  7. Illegal Questions:Prohibited Pre-Employment Inquiries The following rules apply to all facets of the application process (job applications, forms, interviews) and also apply to inquiries made of persons other than the applicant, and by third parties on behalf of the employer (recruitment agency)

  8. Illegal Questions • The following are EXCEPTIONS to this rule and must always be accompanied by an explanation of their purpose • A bona fide occupational qualification (BFOQ) • An affirmative action plan required by a government agency • A contrary requirement by federal law

  9. Illegal Questions All pre-employment inquiries that unnecessarily reveal a candidates race, sex age or membership in a protected class, are prohibited. The following examples are not exhaustive:

  10. Illegal Questions • National Origin/Citizenship • Are you a U.S. Citizen? • Where were you/your parents born? • What is your native tongue? **************************************** Are you authorized to work in the U.S.? What language do you read/speak/write fluently? (only if relevant to job performance) Can require proof of citizenship AFTER HIRE

  11. Illegal Questions • Age • How old are you? • When did you graduate? • What is your birth date? ***************************************** Are you over the age of 18? Can require proof of age by birth certificate – AFTER HIRE

  12. Illegal Questions • Marital/Family Status • What is your marital status? • With whom do you live? • Do you plan to have a family? • How many kids do you have? What are your childcare arrangements? ********************************************* Can applicant meet specified work schedules and attendance requirements? Do you have work records under another name? * *Transgender Issue

  13. Illegal Questions • Religion • All questions related to an applicants religion are prohibited by law unless part of a BFOQ ********************************************** Can ask if applicant can meet specified work schedules or if they have any commitments or responsibilities that may prevent them from meeting work attendance requirements.

  14. Illegal Questions • Affiliations • What clubs or social organizations do you belong to? *********************************************** List any trade or professional groups or other organizations that you belong to that you consider relevant to your ability to perform this job.

  15. Illegal Questions • Personal • How tall are you? • How much do you weigh? Not acceptable unless minimum standards are essential for the safe performance of the job. ************************************************* Are you able to lift a 50 pound weight and carry it a mile, as that is part of the job? MUST BE AN ESSENTIAL FUNCTION OF THE JOB!

  16. Illegal Questions • Disabilities • Do you have any disabilities? • Please complete the following medical history… • Have you ever been hospitalized? • Do you take any prescription drugs? • Do you need an accommodation to perform this job? *can only be asked AFTER the job offer has been made

  17. Legal Questions • You CAN ask the following: • Are you able to perform the essential functions of this job? • Can you demonstrate how you would perform the following job-related functions? • As part of the hiring process, after a job offer has been made, you will be required to undergo a medical exam.

  18. Illegal Questions • Pregnancy • All questions about pregnancy

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