Equal Employment Opportunity (EEO) policies, and numerous state and federal laws prohibiting hiring discrimination can make the interview process seem like an obstacle course. However, knowing the law and following it can lead you down a clear path of finding the best employee for your open position.
Hiring decisions are among the most important decisions made in an organization. The Society for Human Resource Management (SHRM) conducted a study which found hiring an employee costs $4,129 and takes approximately 42 days. Not only is this a large, upfront investment, but if the wrong person is hired, the cost can rapidly escalate when you consider costs associated with poor productivity, team members’ morale, customer dissatisfaction, termination, potential liabilities, and the cost of starting the hiring process all over again. Following Fair Employment Laws can help mitigate these costs.
Major Fair Employment Laws include:
- Title VII of the Civil Rights Act of 1964
- Age Discrimination in Employment Act
- Equal Pay Act
- Americans with Disabilities Act
- Executive Order 11246
- Pregnancy Discrimination Act
- Immigration Reform and Control Act
- Uniformed Services Employment and Reemployment Rights Act.
Company policies should include an affirmation of knowing and following the Fair Employment Laws.
All of these laws, regulations, and policies have one goal in mind: to hire the best candidates for each job solely on the basis of his or her qualifications to perform the job. A carefully thought-out and well-written job description which specifies essential job functions is at the core of the hiring process. Taking the time to consider the essential job functions, needed qualifications, reasonable education and experience requirements, and physical requirements will put you on the right path. Using an old, outdated job description will not attract the best candidates and cause one obstacle after another in making a good hiring decision.
The job description, advertisement and interview should all focus on job requirements, skills and responsibilities. Applicants should receive an objective description of the job and company policies. The interviewer should ask similar questions of all candidates, avoid stereotyping, and take notes of the conversations. These notes should be factual, without opinions or personal biases and should be kept on file for one year.
Obeying the law by focusing on the position and the candidate’s skills, experience, education and other job-related criteria, will help find the most qualified person to fill the position. The hiring process will no longer seem like an obstacle course but rather a clear path to making a good hiring decision.
Find out more about Fair Employment Laws at our next webinar: Hiring Legally, Tuesday, April 9, 2019, at 11:00 a.m. Register today at www.uniquehr.com/webinars.