Join Cindy Mayer for an in-depth discussion in this video Following US guidelines, part of Hiring Your Team.
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Now, let's focus on how we can be sure we're being fair and following US federal guidelines when hiring folks. These are specific to the US, but many countries have similar guidelines. Now, you may want to grab a cup of coffee, as we're going to have a short lesson on the laws that can affect your hiring practices. First, Title VII of the Civil Rights Act of 1964, which was amended in 1993, prohibits employment discrimination based on race, color, religion, sex, and national origin.
Other federal laws which affect the hiring process include, the Age Discrimination in Employment Act of 1967, which prohibits discrimination in employment against anyone 40 years of age or older. The Rehabilitation Act of 1973, and Title one of the Americans with Disabilities Act of 1990, which prohibits discrimination in employment based on a person's disability or, if the person is perceived to have a disability. Others include the Pregnancy Discrimination Act, the Vietnam Era Veterans' Readjustment Assistance Act, or VEVRAA, and the Jobs for Veterans Act of 2003.
Let's look at how this set of legislation affects our hiring practices. It's important to remember that the selection process for a given role in any company should be consistently applied to each applicant for that role. This is to ensure that the process is fair to all applicants. Also, we want to be sure that the process does not tread into any area that could potentially be discriminatory or considered inappropriate.
Every question you ask should be job related whether the question appears on an application form or is asked in and interview. Avoid completely or use great caution if you have to ask questions that might touch in any of the following areas. Race or color. National origin, ethnicity, religion, gender, age, criminal history, mental or physical disability, medical condition or pregnancy, sexual orientation, marital status or family. Military or veteran status, compensation, and legal issues. This is quite a list.
What do you do if you have to ask a question that may fall into a pitfall area? For example, what if an applicant is applying for a technical support role where one of the requirements is to be on-call on weekends? Some applicants may not be able to work on weekends due to their religious affiliation, which is protected under federal law. When asking the question focus on the job requirement such as. In this role, you will be required to work every other Saturday and Sunday.
Are you able to meet that requirement? This way, you avoid asking directly about any topics that might make it difficult for the candidate to meet the requirement, such as their religious affiliation. But at the same time, getting the information you need to make an appropriate hiring decision. Remember, you want to create a positive interview experience for the applicant and comply with all employment laws and regulations. Finally, if an applicant brings up subjects in one of these pitfall areas, it is best to simply steer the interview back to work related topics.
Cindy: Let's see what this looks like. Eric: And because of the weekly check-ins, we were able to rescue the project, and release the product on time. Michelle: Alright, it sounds like you solved that problem. Now, this job requires 50% travel which can mean traveling over the weekends. Michelle: Are you able to meet that requirement? Sam: Well I'm not sure how my wife would feel about that. we have kids and they play soccer on the weekends. Eric: it might be kind of difficult. Michelle: Okay.
Michelle: Now I would like to focus on your customer service experience. Michelle: Can you give me an example? Cindy: Okay so notice how the hiring manager did not make any comment or judgement about the response but moved to the next question. In summary here are some things to keep in mind. Ask questions related to the knowledge, skills, and qualifications of the role. Ask similar questions of each applicant you are interviewing for the role. When in doubt whether a question is appropriate or not, just don't ask. And if the applicant brings up subjects in one of the pitfall areas, it is best to simply steer the interview back to work-related topics. Finally, if you have any questions regarding the material covered in this course, it's a good idea to consult your HR department for further guidance. If you don't have an HR team on staff, consult an attorney who specializes in labor law.
Lynda.com is a PMI Registered Education Provider. This course qualifies for professional development units (PDUs). To view the activity and PDU details for this course, click here.
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- Assessing your needs
- Screening resumes
- Choosing your interview setting
- Understanding the types of interview questions
- Following legal guidelines
- Understanding interview bias
- Conducting an effective interview
- Dealing with interview challenges
- Conducting background checks
- Determining the offer package
- Writing a compelling offer letter<br><br>
- The PMI Registered Education Provider logo is a registered mark of the Project Management Institute, Inc.