Transcript Document
Unit 3 Seminar Used to predict acceptable or unacceptable behavior Helps to assess level of skills/knowledge/ characteristics applicants have Reduce the potential of bias Identify factors that could be detrimental on the job What are some advantages of preeemployment tests? What are some disadvantages of preeemployment tests? Dismissing candidates solely because of the results of the tests Predictive nature of tests has limitations Some applicants have negative reactions to tests - Can screen out qualified candidates who do not do well on tests Tests can be misued Not always appropriate to use – can be costly and time consuming Allows employers to match an individual’s abilities and potential with the job Identifies desirable or undesirable traits Protects against charges of negligent hiring Helps to keep the decision objective Helps to differentiate between candidates Helpful for supplementing reference checks What are some types of tests? Drug testing Psychological Testing Personality Testing Integrity Tests Polygraph Test Physical Tests Employers must be able to show that the tests they use are job-related and consistent with business necessity Employers should monitor and maintain records of the tests and the effects on different protected class groups/ Four-fifths rule – the percentage of people who pass the test and are hired for one protected class group is more than 80% of the selection rate for the protected class that was most successful at passing the test. Criterion-related validity – predictive component of how well someone does on the test and how well they will performance on that aspect of the job. Content validity – the content relates to key aspects of the job Could be given prior to employment In conjunction with medical exams When there is reasonable suspicion employee has had drug use Random drug testing – a percentage of the workforce is selected for testing without prior notice and without suspicion of employee drug use. Many states have drug testing laws. Do your organizations conduct drug testing? Any thoughts about drug testing? Employees must be provided with written notice that testing is required. Employees must be provided with copies of policies related to drug testing. Employees must be given the opportunity to explain if they test positive. Testing must be conducted with due regard for employee privacy. ADA Requiring a medical exam needs to occur after a conditional offer of employment If medical exams are conducted need to be conducted consistently not just for certain individuals. The results of the medical exam cannot be used to deny employment to a disabled person unless that person is not able to perform essential functions of the job or pose a direct threat to themselves or others Use to determine the likelihood of a person to develop medical conditions Provides medical benefit but also has the ability to misuse Genetic Information Nondiscrimination Act (GINA) – prevents discrimination on the basis of genetic information for health insurance and employment Can employers use polygraph tests? Employee Polygraph Protection Act Background checks are used to verify candidate information and to determine if any disqualifying factors exist. Legal aspects ◦ ◦ ◦ ◦ Invasion of privacy, defamation of character Negligent hiring Good-faith references Fair Credit Reporting Act Important to have a policy on background checks Employers are liable for harm to others that occur when employees act within scope of their employment. Can occur if employer fails to conduct background check The more sensitive the position and the greater the foreseeability of harm, the more extensive the background check should be. Particularly important with jobs that involve working wit children, the elderly, mentally ill; jobs that involve security ad the use of firearms, transportation; jobs that involve access to people’s homes. Arrested vs. conviction Possible adverse impact on some protected classes Job-relatedness of prior convictions Seriousness of convictions Recency of convictions Defamation – false statements that reflect badly on a person. Should require that requests for references be accompanied by written release forms signed by the former employees Verify the identities of persons seeking information about former employees Not make conclusions whether former employees should be hired by prospective employers Limit who releases information to HR Tell exiting employees what will be provided during reference checks All information should be job-related Do not provide unsolicited information Train managers on the policy Be consistent Document in objective manner Obtain permission on the application form Be careful not to overly interpret tone, silence Check with a minimum of two Ideally the interviewer should be the person obtaining the reference Tell applicants that job offers will be contingent upon satisfactory reference Employers should document all efforts to obtain information on job candidates. Employers should carefully consider whether to use credit histories in making employment decisions and not do so if there is not a strong business rationale Attempt to corroborate answers Employers are responsible for verifying individuals hired have the legal right to work in the United States. The Immigration Reform and Control Act Employers must not knowingly hire or retain employees who are unauthorized aliens Employers may not discriminate based on national origin or citizenship When hiring new employees, employers must view documents and complete I-9’s which should be kept separate form personnel files and should be kept for 3 years. Any questions or anything to add? Happy Learning!