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Flashcards in Chapter 4 - Recruitment and Selection Deck (71):
1

Federal laws that affect Recruitment and Selection

- 23
- The Fair and Accurate Transactions Act
- The Fair Credit Reporting Act
- The FLSA
- The Immigration and Nationality Act
- The Immigration Reform and Control Act
- The Personal Responsibility and Work Opportunity Reconciliation Act
- The Service Contract Act
- The Vietnam Era Veterans Readjustment Assistance Act, amended by the Jobs for Veterans Act
- The Wagner-Peyser Act, amended by the Workforce Investment Act
- The Work Opportunity Tax Credit Act
- ADA
- The Civil Rights Act
- The Drug-Free Workplace Act
- The EEOA
- The Genetic Information Nondiscrimination Act
- Uniform Guidelines on Employee Selection Procedures
- The Age Discrimination in Employment Act
- Executive Order 11246 - Affirmative Action
- The Congressional Accountability Act
- The False Claims Act
- The Homeland Security Act
- The Employee Polygraph Protection Act
- All employment visas

2

Recruitment and Selection EXAM TIP

- you can expect that the exam will have several questions about the interviewing and applicant processes along with their legal compliance issues

3

Applicant databases

- applicant tracking system = ATS; provide an automated method for monitoring and tracking the information on applicants from the time they first apply to selection or nonselection, and beyond
- track applicants' information for job openings and are standard for the type of recordkeeping needed in both small and large organizations
- used for EEO-1 reporting and affirmative action plans
- federal contractors and organizations with 100 or more employees are required to maintain records of job applicants

4

Resumes vs Job Applications

- no state or federal law requires employers to use job applications or resume forms
- employers can choose how to process
- it is required that employers meet the requirements of equal employment opportunity laws and be able to demonstrate they made their employment decisions without regard to any of the protected categories
- information should not include things like birth date, race, sex, marital status, or other references to protected categories
- race and gender are required data points for employees; must either capture by employee self-identification or through best guess (via observation)
- affirmative action employers (federal goods and service contractors) must invite job applicants to self-identify their race and gender/sex when they submit their application

5

Advantages of Job Applications

- consistently gathers the same data in the same format
- gathers information about the applicant's credentials that candidates would not usually include in a resume or cover letter
- obtain the applicant's signature attesting that all statements on the employment application are true
- obtain applicant's signature enabling a potential employer to check the veracity of all data provide
- get the applicant's signature to attest that the applicant has read and understands certain employer policies and procedures that are spelled out on the application
- obtain the applicant's signature agreeing to. a background check
- obtain voluntary self-identification data

6

Online vs Hard Copy

- hard copy records: can provide an insight into the candidate's organization and language skills
- online records: they can be shared by multiple people at the same time

7

Self-Identification

- invitations to self-identify as part of the application process should be treated as confidential, just as all other HR data is considered confidential
- when an employee fails to self-identify, the employer is responsible for making an observation and best guess as to the race category in which the employee should be reported
- the government has decided that for tracking and reporting purposes, the Hispanic ethnicity trumps all race categories
- the invitation to self-identify should also ask for identification of gender/sex, either male or female; if the individual refuses to self-identify, the employer is obligated to make a selection based on observation

8

Race and Gender/Sex

- all employers with 100 or more employees and all federal contractors with 50 or more employees and contracts of $50,000 or more (or a construction contract valued at $10,000 or more) must maintain sex and ethnic identification of each employee
- 7 race/ethnic categories on the EEO-1 form: White (not Hispanic), Black or African-American (not Hispanic), Hispanic, Asian (not Hispanic), Native Hawaiian or other Pacific Islander (not Hispanic), American Indian/Native American/Alaska Native (not Hispanic), 2 or more races (not Hispanic)
- EEO-4 has 5 categories: White (not Hispanic), Black or African-American (not Hispanic), Hispanic, Asian (including Hawaiian and other Pacific Islander, but not Hispanic), American Indian/Native American/Alaska Native (not Hispanic)

9

Self-Identification EXAM TIP

- be sure to note the category names; the exam's multiple choice selection may include a question about EEO-1 category names with an answer selection that seems appropriate in today's world, such as transgender; however, that is not one of EEO-1 categories

10

Veteran and Disabled Status

- as of 2014, all federal contractors are required to invite self-identification as disabled and veteran from both applicants and employees
- it is acceptable to request identification of a disability prior to an employment offer being extended as long as the invitation form is the one specific by the Office of Federal Contract Compliance Programs (OFCCP) and is in an effort to comply with affirmative action obligations

11

Pre-Employment Testing

- general guideline: the test must be a valid, reliable, job-related predictor
- if properly conducted, nondiscriminatory formal tests can be of great benefit in identifying and screening good candidates
- care must be taken to comply with the Civil Rights Acts of 1964 and 1991, as well as the ADA and any state laws that may apply and be restrictive to pre-employment testing

12

Pre-Employment Testing EXAM TIP

- monitoring of all required pre-employment testing and making every effort to avoid tests that have adverse impact on minority applicants is a major responsibility of HR; you can expect questions on the aPHR to address the Civil Rights Act

13

Recruitment Sources - Internal

- internal can be formal or informal; in a union-represented organization, a procedure for internal job postings is usually specified in the Memorandum of Understanding (MOU) or union contract (Collective Bargaining Agreement - CBA)
- is it necessary to have a database that tracks current employee skills and certifications?
- training accomplishments, new educational achievements, and demonstrated skill performance should all be identified periodically (annually or more often) and the data entered into these types of databases

14

Job Posting - Internal

- internal job announcement, typically posted on an organization's website that is accessed only by employees
- morale is usually positively affected when workers see the employer is making opportunities available to the existing workforce before searching outside for job candidates
- might also encourage employee referrals
- former employees can be a good source for recruitment, especially those who previously held the position

15

Recruitment Sources - External

- sourcing candidates from outside the organization
- public employment services: state employment services, veterans' organizations, organizations for the disabled, local educational institutions
- employment agencies: still exist mostly for the most skilled or executive management types
- after a large layoff or facility closure, an outplacement firm may open up a job search center to assist displaced worker - can make recruitment efforts highly cost effective in having a pool of qualified candidates that may know your industry and simply need to be instructed on the nuances of how your organization does business

16

Recruitment Sources - Employee Referral

- recommendations from existing employees can result in long-term hires because studies have shown that employees will remain longer with a company where they have established a strong bond of friendship

17

Recruitment Sources - College and University Recruiting

- can be highly effective when capitalizing on school ties, using existing employee alumni to join recruiters on campus during recruitment fairs

18

Recruitment Sources - Professional and Trade Organizations

- if the employer is a member of an industrial association, there are frequently job posting services offered by such associations, and they are usually free

19

Recruitment Sources - Diversity Groups

- employee affinity groups
- organized along race, gender, disability, or veteran status
- can be a valuable resource for employer human resource management
- should be included in external recruiting efforts, encouraging further referrals of job candidates from minority, women, disabled, and veteran populations

20

Recruitment Sources - Supplies and Vendors

- vendors and suppliers can "spread the word" about your vacancies

21

Recruitment Sources - Previous Applicants

- using the ATS: having a database coded with prospective applicants who may have interviewed for other positions, or perhaps even the current vacancy, who are already interviewed and determined qualified for the position and a candidate for cultural fit
- represent a pool of talent that your organization can quickly and easily identify and contact when a new opening occurs

22

Recruitment Sources - Labor Unions

- can be a great place to attract cross-pollination of talent and skills to cross over to other industries

23

Recruitment Sources - Walk-Ins

- could provide a kiosk in your lobby for the walk-ins to complete their application online rather than using a pencil-and-paper application process

24

Recruitment Methods

- finding ways to effectively reach the targeted skilled candidates requires you to put on a marketing and sales hate

25

Recruitment Methods - Advertising

- traditional media in advertising
- new frontiers of social media
- talk to your current employees, and keep an eye on where your most recent applciants were generated from if coming to you externally

26

Recruitment Methods - Traditional Media

- newspaper and print magazines (classifed or display ads)
- online verions
- free job search newspapers that can be found in dispensing racks at local supermarkets, on street corners, and at newsstands
- radio and television can be highly effective when trying to fill a number of positions, such as seasonal labor or a new facility opening

27

Recruitment Methods - Internet and Social Media

- several avenues, including entry-level and hourly job posting vacancies to professional and management-level postings
- today, more than half of all white-collar jobs are being filled through LinkedIn
- Facebook and Twitter to announce job vacancies and request current workforce to retweet a job posting or announce on its own social media accounts such as Facebook and Nextdoor

28

Recruitment Methods - Job Fairs and Open Houses

- job fairs are designed to bring in a number of employers and job seekers alike into a large hall for quick meet-and-greet interviews, exchanging resumes, and first impressions
- open houses are where the employer invites job applicants to visit and do the same meet-and-greet as a job fair, only at the employer's facility

29

Alternative Staffing Practices

- traditional employment - 3 8-hour shifts a day; today, we don't have quite the lock-step approach to staffing that used to exist, and there are many alternatives to full-time employees

30

Temporary Employees

- employers can expand their workforce quickly and easily by contracting with temporary talent agencies to satisfy their need for additional people

31

Job Sharing

- it offers two or more workers the opportunity to collectively constitute one full-time equivalent employee
- financial considerations: each employee will require the empoyer's full contribution toward Social Security and Medicare, which may cost the employer more than if one person were to occupy the position

32

Part-Time vs. Full-Time

- financial considerations besides SS and Medicare related to part-time employees: where local employment taxes are based on head count, part-time workers can cost more than a full-time staff
- under the ACA, employers can escape paying for benefit coverage of some workers if they maintain a part-time status
- by policy, other benefit programs may or may not be available to part-time workers

33

Project Hires/Contract Labor/Gig Employees/Floaters

- project hires: people who are recruited and placed on the payroll with the understanding that their employment will be terminated once the project is completed
- contract labor: people who are hired for a specific period of time
- gig employees: employees who are utilized for a specific project and then not again until that type of project occurs again
- flaoters: employees who are on the organization's payroll who work on a temporary basis for a specific period of time such as vacation relief and may rotate among several positions or departments

34

Retiree Annuitant

- a resource who is already trained, has organizational knowledge, and is experienced in job requirements should not be overlooked
- may be cheaper in the long run
- entitled to be drawing benefits from their retirement program whil earning compensation from their employer for continuing employment whether or not they are continuing to pay into the retirement program

35

Phased Retirement

- as opposed to instant full-time retirement, phased retirement is another alternative to full-time employment, which allows an individual to take partial retirement while continuing to work a reduced schedule
- can take the form of job sharing, part-time, seasonal, temporary, or project work
- it allows employees to get used to working less and having more time to themselves

36

Contractor Payrolling

- used when you need to adjust to seasonal fluctuations, fill a vacancy while searching for a permanent replacement, bridge the gap in personnel where there is unexpected growth, or use interns for a set period of time
- greatest benefit is protecting against charges that the person hired is not an independent contractor but an employee

37

Employee Leasing and Professional Employer Organizations (PEOs)

- employee leasing: a process of moving employees to another company's payroll as a service for a client organization; the outsourcing of the human resource department and the payroll function together
- employees usually become employees of both organizations (the client and the vendor (PEO) tht handles the payroll and HR functions for the client; it means both employers are liable for legal compliance

38

Outsourcing and Managed Service Providers (MSPs)

- shifting a workload out of the organization through a contract with another employer organization

39

Temp-to-Lease Programs

- when a need exists for employees on a seasonal basis or for jobs that will last longer than a few days or weeks, it is possible for employers to lease their workers from a vendor organization
- vendor provides employment relationship
- workers often have no benefits
- clinet pays an employment agency a fee in addition to the pay received by the worker
- all payroll operations are maintained by the temporary service agency

40

Rehires and Transfers

- rehiring laid-off workers and brining in transfers from other portions of the organization can sometimes be good solutions
- already trained and can be productive immediately
- have the advantage of already knowing the culture

41

Interviewing Techniques

- a large portion of the workforce is hired only after one or more interviews with the prospective employer

42

Types of Interviews

- will depend on the preference of the interviewer(s), the situation, and the required consistency that must be kept for legality purposes

43

Types of Interviews EXAM TIP

- the various types of interviews are more than likely going to be a question on the aPHR exam

44

Interview Types - Prescreening

- helpful when there is a high volume of candidates for a job vacancy
- HR usually conducts as "gatekeeper"
- series of prequalification questions to screen out candidates who do not have the minimal qualifications or whose salary expectations do not fit the organization's range

45

Interview Types - Structured

- asks every applicant the same questions along with follow-up probes that may be different depending on the initial response
- make it possible to gather similar information from all candidates

46

Interview Types - Patterned

- sometimes called targeted interview
- asks each applicant questions that are from the same knowledge, skill, or ability (KSA) area; however, questions are not necessarily the same
- may differ depending on candidate's background (recent grad vs experienced)

47

Interview Types - Directive

- poses specific questions to the candidate, maintaining control
- high structured
- every candidate is asked the same questions

48

Interview Types - Nondirective

- asks open-ended quetsions and provides only general direction
- allows the candidate to guide the process
- response to one question dictates what the next question will be

49

Interview Types - Behavioral

- focuses on how the applicant previously handled situations (real, not hypothetical)
- probes specific situations looking for past behaviors and how the applicant handled those experiences
- probe the knowledge, skills, abilities, and other personal characteristics identified as essential to success on the job
- looks for 3 things: description of an actual situation or task, the action taken, and the result or outcome
- principle is that past performance is the best predictor of future performance

50

Interview Types - Stress

- interviewer creates and aggressive posture, deliberately creating some type of stress to see how the candidate reacts to stressful situations
- e.g., candidate faces an open window with sun in their eyes
- used most often in law enforcement, air traffic control, and similar high-stress occupations
- not recommended because of the likelihood that it will be interpreted as personal bias

51

Interview Types - Situational

- elicits stories and examples that illustrate the applicant's skills and qualifications for the job
- develops hypothetical situations and asks the applicant how he or she would handle them

52

Interview Types - Group/Panels

- when multiple job candidates are interviewed by one or more interviewers at the same time
- used in specific situations where a number of candidates are being considered for the same job in which the duties are limited and clearly defined
- "fishbowl" interview brings multiple candidates together to work with each other in an actual group activity or exercise; similar to "in-basket exercise" except with candidates
- "team" interview involves a group of interviewers with a perspective of the actual interactions associated with the job; might include supervisors, subordinates, peers, customers, etc.; like a "360-degree exercise"
- "panel" interview has questions distributed among a group of interviewes, typcially those most qualified in a particular area; at the conclusion, the panel caucuses with the purpose of coming to a group consensus regarding the result; can be structured or unstructured - in the public sector, consistency is a key factor so structured interviews are conducted by panels; it is expensive so often reserved for professional and managerial job selections

53

Interviewing Skills and Techniques

- plan ahead
- create rapport
- listen
- nonverbal behavior
- be inquisitive
- paint a realistic picture
- take notes
- be courteous
- interviewing bias (stereotyping, inconsistency in equestioning, first-impression error, negative emphasis, halo/horn effect, nonverbal bias, contrast effect, similar-to-me error, cultural noise

54

Interviewing Bias EXAM TIP

- cultural noise is not associated with a particular geographical location's culture, be sure not to be fooled by the word cultural

55

Post-Offer Activities - Offer Letter

- offer letter will detail the compensation, start date, job title, organization, and immediate supervisor
- signature block for the candidate to sign as acceptance of the terms
- one copy returned to HR w/ signature
- attach a copy of the job description to the offer letter
- transition from candidate to potential employee

56

Post-Offer Activities - Medical Examinations

- under the ADA, employers may require medical examinations only if the exams are job-related and consistent with business necessity and only after an offer of employment has been made to the candidate
- can be used to determine whether the candidate can perform the essential job functions and/or whether a reasonable accommodation is necessary
- normally limited to "fitness for duty" situations

57

Post-Offer Activities - Drug Testing

- validated studies by OSHA have proven that drug screening pre-employment tests reduce job-related accidents
- specifically excluded from the ADA's medical exam requirement

58

Post-Offer Activities - Privacy and Legal Issues

- access to information about applicants should be strictly limited to those people in your organization with a need to know the information
- make sure you store an applicant's medical exam results and drug testing results in a secure location and that they are not left unattended on your PC screen

59

Post-Offer Activities - Background Checks

- before conducting background checks or credit checks, review the current legal limitations on their use
- the EEOC has issued guidelines on consideration of conviction records because the population of convicted felons is so heavily skewed with people who are African-American or Hispanic; considering conviction records has a disparate impact on those two racial groups

60

Post-Offer Activities - References

- employment references: information that you ascertain from previous employment of the applicant to verify dates of employment, job titles, and type of work performed
- educational references: verifying the applicant's degree or educational attainment, including years of attendance and requests for transcripts
- financial references: generally used only when candidates will be handling financial transactions, cash, or other financial resources

61

Post-Offer Activities - Employment Authorization, Form I-9

- the Immigration Reform and Control Act of 1986 introduced the requirement for all employees in the US to provide proof of identity and proof that they have the legal right to work in this country
- every person hired after Nov. 30, 1986 must furnish information on the Form I-9
- the employer must cite the document used to prove the new employee has authorization to work in this country
- form changes from time to time
- proof of identity: photo identification issued by a governmental agency that contains the individual's name, as well as a current or recent image; required for employment
- proof of work authorization: social security card, visa, anything else on I-9
- employers have 3 work days from the time of hire to complete the Form I-9 and have it ready for inspection by any authorized federal investigator
- fines up to $1,000 per error on Form I-9 and court-imposed fines for retaining illegal aliens on the payroll

62

Post-Offer Activities - E-Verify System

- a combination voluntary/involuntary program as federal and state governments mandate portions of the employer community to participate
- DOL requires federal contractors who are subject to the affirmative action regulations to participate in E-Verify
- as of Aug. 2013, 9 states require all employers to participate in the E-Verify program; there is pending legislation in 11 more that would require all or some employers to participate

63

Post-Offer Activities - Social Media Searches

- 43% of organizations reported using social media to screen job candidates
- online behavior can be a sign of how they will represent your business as an employee
- some hiring managers wonder if social media checks are on shaky ground legally
- proceed cautiously

64

Post-Offer Activities - Credential Verification

- negligent hiring could occur if an employer did not verify professional or technical certification

65

Post-Offer Activities - Public Records

- public records such as criminal records can uncover information about violent behavior, substance abuse, and property crimes such as theft or embezzlement
- criminal record checks are considered consumer investigations and must comply with related FCRA requirements

66

Post-Offer Activities - Legal and Privacy Issues

- there are privacy issues related to reference checks just as there are with medical examination information
- the use of polygraph tests in the employment process is limited by the Employee Polygraph Protection Act (EPPA)

67

Oboarding and Orientation

- it's a common belief that the first 90 days of a worker's experience on a new job will determine how the relationship goes for the balance of his or her employment

68

Quality Orientation

- a strong orientation program will include:
- welcome by the CEO/senior executives
- discussion about culture
- enrollment in benefit programs
- tour of employee common areas
- safety equipment and emergency exits
- introduction to coworkers and supervisors

69

Records Retention

- some requirements apply to most employers hiring, others apply to just government contractors and subcontractors
- selection/hiring/employment records: 1 year after creation of document or hire/no-hire decision (3 years for federal contractors)
- Form I-9: 3 years after date of hire or 1 year after date of termination
- polygraph test records: 3 years
- affirmative action plan/data: 2 years
- credit reports: no retention requirement; law requires shredding of all documents containing info derived from a credit report; however, don't discard for at least 1 year
- drug test records: 1 year from test date (up to 5 years for DOT positions

70

Questions to Ask re: Records Retention

- What records must be kept under each federal law?
- What is the retention period for those records?
- What is the applicability for each federal law?

71

Recordkeeping EXAM TIP

- recordkeeping is a usual responsibility of the early career HR professional; expect to see a question on the aPHR exam about record retention in both the pre- and post-employment phases