| |  When talking about the U.S. Equal Employment Opportunity laws, the message for managers is simple. Make decisions about job applicants and employees based on job-related factors such as essential functions and requirements of the job in question and observable, measurable job performance standards. Here we discuss what the implications of the laws are. Think of this as a guide to what is expected of managers.
This is Part Two. If you want a primer on EEO laws in the United States, read Part One first.
Hiring and Selection
There are three principles that should be represented in hiring and selection decisions. They are: job-relatedness, consistency, and objectivity. Job-related criteria include skills, knowledge, abilities, and job performance. Discrimination occurs when managers lose sight of job-related criteria and focus instead on race, gender, national origin, disability, and other differences that are not job-related.
1. Job Analysis
A job analysis is simply analyzing what the job is and how it is done.
• List and briefly describe the functions/duties of the position.
• Determine which functions are essential.
• List and briefly describe the skills, knowledge, abilities, education, experience, and licenses required for the position in question.
2. Job-Relatedness
For hiring, promotion, or transfer decisions, job-related criteria are those that reasonably predict successful performance for the job in question.
• Select employees only on the basis of information that will best predict successful job performance.
• Base your decision on objective criteria which are observable, tangible, and measurable. Avoid subjective criteria that are open to interpretation.
• Translate subjective qualities into observable behaviors and outcomes. For example, cooperation can be translated to "attends meetings" or "responds quickly."
• Document evidence that a questionable employment decision was based on job-related criteria.
• Challenge your stereotypes so they don't influence your decisions.
The Interview Process
The best way to guard against disparate treatment in the selection process is to be fair, objective, and consistent in the interviewing process. The principles of effective interviewing are largely a matter of common sense and can be easily applied. The interview process can be divided into three parts: preparation, conducting the interview, and evaluation.
1. Preparation
Prior to meeting the applicant, you should:
• Arrange for an appropriate, accessible place to conduct the session.
• Review the job description and the requirements.
• Review EEO considerations that affect the interviewing process.
• Review the applicant's resume or job application form, if possible.
• Prepare objective, job-related questions to ask each applicant.
• Make arrangements to not be interrupted during the session.
2. Conducting the Interview
• Welcome the applicant and complete introductions.
• Summarize what will happen during the interview.
• Briefly describe the essential functions of the job.
• Tell the applicant that you will be taking notes during the interview and invite the applicant to do the same.
• Ask all candidates the same predetermined questions. Use open-ended questions and then move to general and specific questions about the applicant's qualifications, knowledge, skills, abilities, and previous job experiences.
• Listen and demonstrate that you have listened.
• Provide detailed information about the job and ask if the applicant is interested in the job.
• Invite further questions about the job requirements of the position.
• Explain the next step and make no commitment or indication of acceptance or rejection of the candidate.
• Thank the applicant.
3. Evaluation of the Interview
• Review job qualifications for the position, based on the specific tasks of the job, and identify EEO concerns.
• For each candidate, review notes from the interview and fill in information next to each job qualification.
• Review notes to assure that information is based on objective, quantifiable measures, not subjective factors.
• Consider information from sources outside the interview, such as references or the job application that may assist your evaluation.
• Compare candidates against job qualifications, EEO concerns, and other business necessities and make your decision.
• Document the interview, your evaluation, and your decision.
4. Interviewing People with Disabilities
When you interview people with disabilities, you must keep some additional guidelines in mind. It's important to comply with two laws that protect people with disabilities from unlawful discrimination in employment: The Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 (ADA).
• Avoid any questions about the person's disability.
• You may ask a person with a visible disability how he or she would, with or without accommodation, perform specific tasks associated with the essential functions of the job in question. You may even ask a person to demonstrate how, with or without accommodation, he or she would perform the job.
• Be aware of the potential for stereotypes and preconceptions to interfere with the selection process of people with visible disabilities.
• Don't initiate a seemingly casual discussion about the person's disability.
EEO GUIDELINES FOR INTERVIEWING:
Prohibited and lawful types of questions an interviewer can ask. Err on the side of caution, if you suspect a question might not be lawful, don't ask it.
Credit Rating
Prohibited: Any inquiries concerning charge accounts, credit rating, etc., that do not relate to performing the particular job under consideration.
Lawful: Inquiries about credit rating, charge accounts, etc., that relate reasonably to performing the particular job in question.
Military Record
Prohibited: Discharge status, unless it is the result of a military conviction.
Lawful: Type of experience and education in service as it relates to a particular job.
Name
Prohibited: Inquiries to determine national origin, ancestry, or prior marital status.
Lawful: Whether candidate has ever worked under a different name.
National Origin
Prohibited: Lineage, ancestry, descent, mother tongue, birthplace, citizenship, national origin of the candidate or their spouse or parents.
Lawful: Whether candidate is legally eligible to work in the United States.
Organization
Prohibited: Inquiries about membership to determine the race, color, religion, sex, national origin, age, or disability of candidates.
Lawful: Inquiries that do not elicit discriminatory information.
Race or Color
Prohibited: Complexion, color of skin.
Lawful: None.
Religion
Prohibited: Religious preference, affiliations, denomination.
Lawful: Whether candidate can meet schedule of job with reasonable accommodation by employer if necessary.
Work Experience
Prohibited: Inquiries of protected class members based on generalizations about that class.
Lawful: Candidate's previous work experience.
Age
Prohibited: Age, birth certificate. Any inquiry for purpose of excluding persons 40 and over. Inquiries as to date of graduation from college or high school to determine age should also be avoided.
Lawful: Whether candidate meets age requirements. Requirement that candidate submit proof of age after hired. Whether candidate can meet terms and conditions of job.
Arrest Record
Prohibited: Any inquiry relating to arrest.
Lawful: None
Conviction Record
Prohibited: Inquiries regarding convictions that do not relate to performing the particular job under consideration.
Lawful: Inquiries about actual convictions that relate reasonably to performing a particular job.
Disability
Prohibited: Any inquiries that would elicit information about disabilities or conditions that do not relate to job performance. Any inquiries regarding nature of disability.
Lawful: If a candidate has a visible disability, may ask about ability to perform job-related functions; may ask applicant to describe how, with or without accommodation, candidate will be able to perform essential job functions.
Education
Prohibited: Disqualification of a candidate who does not have a particular degree unless employer has proven that the specific degree is the only way to measure a candidate's ability to perform the job in question.
Lawful: Inquiries regarding degrees or equivalent experience. Information regarding courses relevant to a particular job.
Marital and Family Status
Prohibited: Child care problems, unwed motherhood, contraceptive practices, spouse's preferences regarding job conditions. Inquiries indicating marital status, number of children, pregnancy. Any non-job-related inquiry resulting in limitation of job opportunity.
Lawful: After thoroughly explaining all terms and conditions of position, may ask whether candidate can meet work requirements.
Proceed to Part Three.
Notice
Federal and state Equal Employment laws as well as the court decisions that interpret them represent a vast and quickly changing body of law. Staying on top of recent developments in connection with EEO laws represents a daunting task. The purpose of this document is to briefly summarize EEO laws and to provide employees with a brief and general overview of how these laws may apply at work.
While this information is factual, it does not constitute legal advice. In particular, the information is not to be taken as warranty or representations for which ProGroup assumes legal responsibility. Legal counsel or other professional help should be sought for advice and guidance in specific situations.
Compliance with any applicable federal, state or municipal laws, rules, regulations or standards is an individual responsibility of management. Any use of the information contained in this Guide must be determined by managers to be in accord with your organization's policies and with applicable federal, state and local laws. The use of this Guide cannot assure complete compliance with any applicable standard, law, or regulation.
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