EOE / EEOC & Candidate Evaluation Prepared for LAW 308 Mike Major, SPHR Director Career Services

1. EOE / EEOC & Candidate Evaluation Prepared for LAW 308 Mike Major, SPHRDirectorCareer Services

2. 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

3. Developing a job description EEOC / MCRC Evaluating candidates Recent legal decisions/interpretations Practical exercises Wrap-up discussion OVERVIEW www.svsu.edu/careers

4. 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

5. 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

6. 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

7. EEOC = Equal Employment Opportunity Commission 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

8. MCRC = Michigan Civil Rights Commission 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 MCRC JURISDICTION www.svsu.edu/careers

9. 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

10. 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

11. 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

12. 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

13. “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

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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

20. www.svsu.edu/careers

21. 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

22. Job ID: 18752 Job Title: Business Systems Administrative Assistant Employer: ATI Group Contact: Sherri West Position Type: Career/Degreed 0-5 yrs experience, Career/Degreed 5+ yrs experience, Full Time Description Reports To: Business Systems Manager Employees reporting To: None Primary Function: Assist the Business Systems Manager with the company financial programs including General Ledger, Payroll, Accounts Payable, Accounts Receivable, Insurance and Retirements plans. Areas of Responsibility and Accountability • Accounts Payable: Assist Business Systems Manager to reconcile vendor invoices to jobs & Purchase orders. Learn how to enter information into the company accounting program and generate checks for payment. Make copies & mail payments when due. • Accounts Receivable: Assist Business Systems Manager and learn to enter cash receipts into accounting program and reconcile receipts at month end. Pull customer invoice from file, attach check stub & file in Paid accounts file. Fill out deposit slip and make bank deposit daily when Manager is out of office. • Payroll: Learn to set up and maintain employee payroll files in accounting system. Input hours from weekly timesheets for payroll generation. Be able to call in direct deposit by the stipulated time to ensure that funds are in employee’s accounts on time and call in tax information, generate & mail child support & 401k & union contribution checks when Manager is out of office. Generate layoff checks as required. Learn to track and balance Union & 401k contributions. • Service Billing: Know how to Generate & mail monthly contract billings as a backup for Manager. Process work order billings weekly as directed by Manager. Generate SCJ billings weekly and maintain spreadsheet. Learn how to enter & track Dow CPAY weekly billings as needed. • Account Reconciliation and Reporting: Be trained to do the following as a backup for Manager: pull required reports daily, weekly & monthly for review or reconciliation. Balance checking accounts. Perform Month End procedures to close out all accounts monthly. Qualifications: Bachelor's degree in business or related field.

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

24. www.svsu.edu/careers

25. www.svsu.edu/careers

26. 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

27. Winning Résumés www.svsu.edu/careers

28. What is the purpose of a resume? www.svsu.edu/careers

29. Value Proposition • What will you bring to the organization? • Do you have the skills necessary to do the work? • Do you have the experience that the organization desires? www.svsu.edu/careers

30. Importance of Effective Bullet Statements • “A picture is worth 1,000 words” • Paint a picture in the employer’s mind • Statements should be clear, concise and detailed • “Presented to a group of students” vs.“Presented to a group of 35 college freshmen” www.svsu.edu/careers

31. If this is like your resume, come see us! • Fry CookMcDonald’s Restaurant • Helped customers • Stocked shelves • Used cash register • Cleaned store • Dealt with complaints • Not very impressive • Tasks implied by the title • Add no value to resume www.svsu.edu/careers

32. This is a little better, but still not great - • Crew MemberMcDonald’s Restaurant • Assisted customers in a warm and friendly manner • Stocked shelves during down times to ensure a professional environment • Processed financial transactions through the cash register in a fast and efficient manner • Cleaned store to maintain an appealing atmosphere to enhance customer satisfaction www.svsu.edu/careers

33. “Say More with Less” • Describe accomplishments and achievements • Increase something good or decrease something bad? • Employers want individuals who will make a difference • Crew MemberMcDonald’s Restaurant • Earned Crew Member of the Month in June 2012 for consistently providing outstanding service www.svsu.edu/careers

34. Other Activities Volunteer, Big Brothers / Big Sisters of Midland May 2006 – Present * Received ultimate brother award by successfully logging over 1,000 hours of volunteer service, assisting four youths who all went on to attend college Member, Delta Sigma Pi Business Fraternity Sept. 2008 – Present * Served as treasurer for an on-campus organization of over 50 members and $10,000 in resources Recipient, SVSU Award for Excellence Scholarship Aug. 2007 – May 2008 Marketing Project, Saginaw Valley State Tennis Jan. 2006 – May 2006 Marketing 331 Course, Saginaw Valley State University * Created a brochure using Adobe InDesign to advertise a series of summer tennis fundraising tournaments generating a total ROI of more than $2,000 * Organized a bowling-event fundraiser that generated over $600 in revenue www.svsu.edu/careers

35. Last words on documents… • Review, review, review! • Career Services • 964-4954 • Appointments & Workshops with staff • SVSU Writing Center • Faculty members • Guidelines and Tutorials available: • http://www.svsu.edu/careers www.svsu.edu/careers

36. 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

37. 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

38. 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

39. 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

40. 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

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

42. 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

43. 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

44. 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

45. 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

46. 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

47. 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

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

49. Verbal offer Formal offer Regrets OFFERS AND REGRETS

50. 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)