Workforce Planning: “Strategic” Job Descriptions Prepared for LS 580 Mike Major, SPHR Director Career Services

1. Workforce Planning: “Strategic” Job Descriptions Prepared for LS 580 Mike Major, SPHRDirectorCareer Services

2. Cardinal Career Network www.svsu.edu/careers

3. www.svsu.edu/careers

4. www.svsu.edu/careers

5. Cardinal Career Network Tips • Login at http://www.svsu.edu/careers • Cardinal Job Postings • Recruited / posted exclusively for SVSU • NACElink Extended Job Search • National Association of Colleges & Employers • Create Job Search Agents • Personalize resumes/cover letters for positions that accept them in CCN www.svsu.edu/careers

6. Developing a job description EEOC / MCRC Evaluating candidates Interviewing Offering and regrets to candidates Recent legal decisions/interpretations OVERVIEW www.svsu.edu/careers

7. Why is it important? Job functions Performance evaluations Getting the right candidate Anti-discrimination EEO Cost of a “poor hire” is…? DEVELOPING A JOB DESCRIPTION www.svsu.edu/careers

8. Title VII (Civil Rights Act of 1964) The Equal Pay Act The Americans with Disabilities Act (ADA) The Age Discrimination in Employment Act (ADEA) The Genetic InformationNondiscrimination Act (GINA) KEY LEGISLATION FOR EEOC JURISDICTION www.svsu.edu/careers

9. Michigan Department of Civil Rights (MDCR) Enforcement of two state laws: Elliott-Larsen Civil Rights Act (ELCRA) Persons with Disabilities Civil Rights Act (PWDCRA) KEY LEGISLATION FOR MDCR JURISDICTION www.svsu.edu/careers

10. Employment decisions may not be based on: Referred to as “protected classes” Employment decisions include: Hiring, work assignments, compensation, promotions, terminations EQUAL EMPLOYMENT OPPORTUNITY • Race / Color • Gender • Ethnicity • Religion • Age • Military/veteran status • Disability status • Genetic information www.svsu.edu/careers

11. Uniform Guidelines on Employee Selection Procedure Internet applications Executive Order 11246 (EO 11246) Affirmative Action plans for Federal Contractors Vietnam Era Veterans Readjustment Assistance Act (VEVRAA) Uniformed Services Employment and Reemployment Rights Act (USERRA) ADDITIONAL FEDERAL LEGISLATION www.svsu.edu/careers

12. ADA passed in 1990 First introduced by Tom Harkin Rehabilitation Act of 1973 Prohibits discrimination based on physical or mental disabilities Employers required to provide reasonable accommodations 15 or more employees Employees must file a charge (180 days/300 in MI) ADA & ACCOMMODATIONS www.svsu.edu/careers

13. Case-by-case basisStep 1: Individual asks for accommodation Step 2: Identify the barriers to performance of essential job functions for each individual Step 3: Identify possible accommodations that might be helpful in overcoming the barriers Step 4: Assess the reasonableness of the accommodations, including whether they are the employer’s responsibility and whether they pose an undue hardship Step 5: Choose the appropriate accommodation for each individual REASONABLE ACCOMODATION www.svsu.edu/careers

14. Assigning a reader to help an applicant who is visually impaired Constructing ramps or providing a wheelchair-accessible desk Lowering counters or drinking fountains Designing alternative formats for employee training Providing a telephone device for a person who is hearing-impaired REASONABLE ACCOMMODATIONS? www.svsu.edu/careers

15. Disparate Treatment Protected classes are intentionally handled differently from other employees or are evaluated by different standards Disparate Impact (aka Adverse Impact) Occurs when rules applied to all employees (candidates) have a different or larger effect on a protected class CATEGORIES OF DISCRIMINATION www.svsu.edu/careers

16. DISPARATE IMPACT RECOGNIZING DISCRIMINATION DISPARATE TREATMENT Direct discrimination Unequal treatment Intentional Prejudiced actions Different standards Indirect discrimination Unequal consequences or results Usually unintentional Neutral actions Same standards; different consequences www.svsu.edu/careers

17. “All candidates must have a bachelor’s degree.” Disparate Impact (discussion) “I prefer hire males because they are less likely to take time off for family.” Disparate Treatment “White males under the age of 40 won’t get this position.” ??? DISCRIMINATION EXAMPLES www.svsu.edu/careers

18. KSAs – key elements to determine job qualifications Knowledge: body of information necessary for task performance Skills: level of proficiency needed for task performance Abilities: capabilities necessary to perform the job Job Qualification Elements www.svsu.edu/careers

19. Bona fide occupational qualification Title VII – BFOQ if “reasonably necessary to the normal operations of the business or enterprise.” Carefully scrutinized by the courts Example: Undergarment models BFOQs www.svsu.edu/careers

20. EEOC v. Abercrombie and Fitch April 2013 Applicant wore a hijab to an interview Hijabs inconsistent with “Abercrombie look.” http://www.eeoc.gov/eeoc/newsroom/release/7-15-11a.cfm EEOC v. Hollister (hypothetical) Not filed, but could it? “Hollister all about the appearance” http://www.valleyvanguardonline.com/?p=4045 Practical Examples www.svsu.edu/careers

21. Job Title Employment Status Salary, hourly FLSA Exempt, etc. Summary (description) Qualifications “With or without reasonable accommodations” Make sure your Qualifications fit the job description and summary! JOB DESCRIPTION COMPONENTS www.svsu.edu/careers

22. Urban dictionary definiton: “metaphor used by recruiters to identify the unrealistic expectations of a company.” Job Title: “Graphic Designer”Screening: -3.0 GPA -Graphic Design Majors -SeniorsEliminated: BFA, PTW, Marketing, Art, Communication & Digital Design, Graduate students, Alumni Beware the “Purple Squirrel” www.svsu.edu/careers

23. Do you think this person would qualify to do “Graphic Designer” work? EDUCATION Bachelor of Arts in Communication Second Major: SpanishSaginaw Valley State University, University Center, MI GPA: 3.7 RELEVANT EXPERIENCE Marketing/Graphic Design Intern Charlotte Checkers, Charlotte, NC Created flyers and mailers to advertise upcoming events using Adobe Photoshop and Quark Wrote the Checkers Kids Club Summer Newsletter and designed a new template Cut out and edited photos in Adobe Photoshop for new version of Charlotte Checkers website COMPUTER SKILLS Graphic Design: Adobe Creative Suite (Photoshop Illustrator, InDesign, Fireworks) Multimedia / Video Applicantions: Adobe Premier; Final Cut Express; Macromedia Flash Operating Systems: Windows 1995-XP; Macintosh OS X www.svsu.edu/careers

24. www.svsu.edu/careers

25. Overall Search Process • Key word? • Consistency • Resumes / cover letters going to the next round have similar qualifications • Hire my cousin – hardest worker you’ll have! • Use Rubrics • All applicants asked same questions & conducted in the same manner • Telephone vs. Skype vs. in-person interviews • Discussion item – E-portfolios / LinkedIn / Facebook / are there EOE issues? www.svsu.edu/careers

26. Interview Process • Step 1: Introductory State • First impressions are made • Building a rapport • Step 2: Review qualifications • 30 Second Pitch • Focus on strengths & skills (candidate’s goal) • Use research and establishing a good fit in their culture (candidate’s goal) • Give concise and thorough responses www.svsu.edu/careers

27. Interview Process • Step 3: Matching • Does candidate fit in the corporate culture? • Is candidate coach-able? • Does candidate have the passion and drive to be successful in the position? • Interviewer should explain job in detail • Step 4: Conclusion • Candidate asks questions and discuss selection timeline • Collect business cards for writing thank you notes (good idea for candidates) www.svsu.edu/careers

28. Types of Interview Questions • Traditional • Behavioral • Situational • Experiential www.svsu.edu/careers

29. Traditional Questions • Common interview questions • “Tell us a little bit about yourself.” • “Where do you see yourself in five years?” • “If you were a type of salad dressing, what one would you be?” • Describe yourself with 30 second pitch • Clear, concise and thorough • Describe thought process when necessary www.svsu.edu/careers

30. Behavioral Interviewing • Question about something that happened • Past actions are predictors of future behavior • “Describe a time when you had to work in a team environment.” • “Tell me about a time you had to deal with a co-worker who didn’t complete their ‘fair share’ of the workload • Be specific: “A time” is one event www.svsu.edu/careers

31. Situational Interviewing • Hypothetical circumstances • Predictor about how you would handle an event if it actually happened • “What would you do if you had a dispute with a co-worker?” • “How would you handle a client who is upset with the organization?” • Tell a story of anecdote if one is available www.svsu.edu/careers

32. Experiential Interviewing • Experience with a certain task • “Have you ever completed tax audits?” • “What type of experience do you have managing clients?” • “Have you ever completed a marketing plan?” • Be thorough and specific • Elaborate upon the depth of your experience www.svsu.edu/careers

33. S.T.A.R Approach • Situation • Briefly provide a broad description of the background where your example is taking place • Task • Share more details about the problem, challenge, or task that you needed to address • Action • Describe several possible courses of action and explain why the one you chose was best. Give details that illustrate what you were like in action • Result • Analyze the outcome of your action and the resolution of the situation. Indicate whether or not you would follow the same course in the future www.svsu.edu/careers

34. Steps for Managing an Interview Interact with the entire panel • Make direct eye contact with the individual asking the question • Begin by directly responding to the interviewer • Make eye contact with remaining panel members as you answer • Finish response with initial interviewer www.svsu.edu/careers

35. Questions must be the same for each candidate Use a rubric Use an interview summary Final thoughts on interviewing

36. Verbal offer Formal offer Regrets OFFERS AND REGRETS

37. The equal employment opportunity commission Source: Masud Law Group VSHRM Presentation 9/10/13 • Composition • a. Jacqueline A. Berrien, Chair (from NAACP) • b. Constance S. Barker, Commissioner (small business – AL) • c. Chai Feldblum, Commissioner (Law Prof @ Georgetown) • d. Victoria A. Lipnic, Commissioner (US Asst. Sec of Labor) • e. Jenny Yang, Commissioner (partner in a private firm)

38. The equal employment opportunity commission Source: Masud Law Group VSHRM Presentation 9/10/13 • The General Counsel • a. David Lopez, General Counsel Oversees federal court litigation

39. THE MICHIGAN CIVIL RIGHTS COMMISSION AND DEPARTMENT OF CIVIL RIGHTS Source: Masud Law Group VSHRM Presentation 9/10/13 • Jurisdiction • a. The Elliott Larsen Civil Rights Act • b. The Persons With Disabilities Civil Rights Act

40. THE MICHIGAN CIVIL RIGHTS COMMISSION AND DEPARTMENT OF CIVIL RIGHTS Source: Masud Law Group VSHRM Presentation 9/10/13 • Composition • a. J. Michael Zelly, Chair • Founder and President, Disability Network • b. Lisa Peeples-Hurst, Vice Chair • Certified Prevention Specialist, Berrien CHD • c. Jared Rodriguez, Secretary • President, West Michigan Policy Forum • d. Linda Gobler • President/CEO, Michigan Grocers Association • e. Deloris Hunt • Senior VP/HR, Detroit Medical Center • f. RashaDemashkieh • Pharmacist, CVS Pharmacy • g. Agustin Arbulu • CEO, Hospice Solutions, Inc. • h. Arthur Horwitz • President, Renaissance Media (Parent of Detroit Jewish News) • Legal Affairs Department

41. ENFORCEMENT STATISTICS Source: Masud Law Group VSHRM Presentation 9/10/13 • The EEOC • 99,412 charges of discrimination • The EEOC filed a total of 122 lawsuits, 26 alleging systemic discrimination • Collected more than $365.4 million from employers • The MDCR • Staffed at 118 full time employees • Budget of $12,778,700 • 1445 charges of employment discrimination • $2.28 million in settlements involving alleged discrimination

42. HOT TOPICS IN ENFORCEMENT Source: Masud Law Group VSHRM Presentation 9/10/13 • EEOC Strategic Enforcement Plan for Fiscal Years 2012 to 2016 • a. Eliminating Barriers in Recruitment and Hiring • b. Protecting Immigrant, Migrant and Other Vulnerable Workers • c. Addressing Emerging and Developing Issues • d. Enforcing Equal Pay Laws • e. Preserving Access to the Legal System • f. Preventing Harassment Through Systemic Enforcement and Targeted Outreach I’ll gets that varmint

43. HOW A CHARGE IS PROCESSED • The EEOC • 1. 300 days to file a charge of discrimination with the EEOC • 2. Will accept a letter as a charge if it contains sufficient information • THE MDCR • 1. Individual may also file a charge of discrimination with the MDCR • 2. The MDCR determines that the individual’s issue is within its jurisdiction, a civil representative will assist the individual in drafting a formal charge Source: Masud Law Group VSHRM Presentation 9/10/13

44. FURTHER INVESTIGATION Source: Masud Law Group VSHRM Presentation 9/10/13 • Initially, an employer is offered mediation. The parties may reach voluntary settlement • Absent settlement, employers are usually requested to provide a written statement explaining their side of the story. The position statement provides the employer with the opportunity to present additional facts that show the real reason behind an employment action • The applicable agency may also request additional information (“interrogatories”) • If an employer fails/refuses to provide answers to the interrogatories, the agency can seek a judicial subpoena requiring disclosure • Once the investigation is complete the MDCR may choose to litigate the matter before an Administrative Law Judge • The EEOC could file a federal lawsuit • If the EEOC decides not to sue, it will issue the individual what is know as a “Notice of Right to Sue.” The MDCR would dismiss the administrative charge

45. THE NOTICE OF RIGHT TO SUE Source: Masud Law Group VSHRM Presentation 9/10/13 • To file a federal lawsuit under Title VII or the ADA, an individual must receive a Right to Sue letter from the EEOC • The EEOC has 180 days to investigate a charge of discrimination before a Right to Sue letter will issue

46. MEDIATION • Typically the offer to mediate is included when both parties are mailed the formal charge documents • Mediators do not make any decisions on the outcome of a charge. Settlement is voluntary and only occurs when both claimant and respondent reach a settlement that both parties are willing to sign • Claimants and respondents may have representation at mediation including but not limited to an attorney • All mediation participants must sign a confidentiality agreement at the start of mediation

47. Settlement agreement Source: Masud Law Group VSHRM Presentation 9/10/13 • If the parties mediate or otherwise come to a voluntary settlement, the EEOC/MDCR will issue a proposed settlement agreement

48. Recent eeoc regulations Source: Masud Law Group VSHRM Presentation 9/10/13 • Final Rule Concerning Disparate Impact and Reasonable Factor(s) Other Than Age (RFOA) • Final Regulations Implementing the ADAAA • Final Regulations Regarding GINA • Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964

49. What are the “hot” career fields? • Governor’s Economic Summit (3/19/13) • Top 4 talent needs in Michigan: • IT Professionals • Skilled Workers • Project Managers • Engineers • Manufacturing is still the base of Michigan’s economy • Experiential learning must happen in any career pathway www.svsu.edu/careers

50. Resources available from Career Services • Resume and cover letter building and critiques • Online Tutorials • Resume, Cover Letter, Interviewing, Job Search Strategies • Mock interviews and interview coaching • Network development • Career fairs on campus exclusively for SVSU students to network with potential employers • Internship/Co-op advising • Job search strategies • Developing personal brand • On-campus student employment www.svsu.edu/careers