Understanding Basic Qualifications and Their Role in EEO Compliance

Transcription

1 Understanding Basic Qualifications and Their Role in EEO Compliance October 2, 2012 Visit BCGi Online If you enjoy this webinar, Don t forget to check out our other training opportunities through the BCGi website. BCGi Standard Membership (free) Monthly webinars on EEO compliance topics EEO Insight Journal (e-copy) COMPare Lite (limited comp analysis software) BCGi Platinum (paid) Membership ($299/year) Includes validation/compensation analysis books Compensation Power Analysis Tool COMPare Lite (full license discounted) EEO Insight Journal (e-copy and hardcopy) Members only webinars and training and much more 2 HRCI Credit BCG is an HRCI Preferred Provider CE Credits are available for attending this webinar Only those who remain with us for at least 80% of the webinar will be eligible to receive the HRCI training completion form for CE submission 3

2 About Our Sponsor: BCG Assisted hundreds of clients with cases involving Equal Employment Opportunity (EEO) / Affirmative Action (AA) (both plaintiff and defense) Compensation Analyses / Test Development and Validation Published: Adverse Impact and Test Validation, 2 nd Ed., as a practical guide for HR professionals Editor & Publisher: EEO Insight an industry e-journal Creator and publisher of a variety of productivity Software/Web Tools: OPAC (Administrative Skills Testing) CritiCall (9-1-1 Dispatcher Testing) AutoAAP (Affirmative Action Software and Services) C 4 (Contact Center Employee Testing) Encounter (Video Situational Judgment Test) Adverse Impact Toolkit (free online at AutoGOJA (Automated Guidelines Oriented Job Analysis ) COMPare: Compensation Analysis in Excel 4 Agenda 5 First, some Answers to Basic Questions about Basic Qualifications 6

3 What is a Basic Qualification? Basic Qualifications are: Qualifications that the employer (e.g., Federal contractor) identifies that must be possessed for a potential applicant to be considered for the position, OR 7 Criteria that the employer establishes in advance by making and maintaining a record of such qualifications prior to considering any expression of interest to a particular position Why are we concerned about Basic Qualifications? Basic Qualifications can: Save employers money and personnel resources Reduce the size of the applicant pool Filter for qualified job applicants Reduce the amount of time it takes to fill job openings Show applicants that the employer is serious about job standards Place value on applicant qualifications 8 Relevant BQ Issues for 2012 First Impressions count BQs send a message about your job and your organization OFCCP Internet Applicant Rule Incorporated as part of the audit DOL still focusing on hiring issues Accurate and relevant BQs set the foundation for a fair and defensible selection process Number of Potential Candidates Increasing 9

4 Questions for the Audience 10 A Few Things to Consider Is the BQ likely to: Represent a true minimum baseline needed for the first day on the job? Be clearly understood by applicants? Be uniformly applied to all applicants? Distinguish between qualified and unqualified applicants? Allow an equal opportunity for all applicants to demonstrate that they possess the required levels? Be used in such a way that addresses important OFCCP (Office of Federal Contract Compliance Programs) recordkeeping requirements? 11 General Overview of OFCCP s Internet Applicant (IA) Regulations and Essential Requirements of Basic Qualifications 12

5 The Four Criteria to be Considered an Internet Applicant 1. The individual submits an expression of interest through the Internet or related electronic data technologies. 2. The employer considers the individual for employment in a particular position. 3. The individual s expression of interest indicates that the individual possesses the basic qualifications for the position. 4. The individual at no point in the contractor s selection process prior to receiving an offer from the contractor, removes himself or herself from further consideration or otherwise indicates that he or she is no longer interested in the position. 13 Internet Applicant Definition -- Criteria 3 The individual s expression of interest indicates that the individual possesses the basic qualifications for the position Basic qualifications are: Qualifications that the contractor identifies must be possessed in order for a potential applicant to be considered for the position, OR Criteria that a contractor establishes in advance by making and maintaining a record of such qualifications prior to considering any expression of interest to a particular position 14 Internet Applicant Definition -- Criteria 3 The three criteria for establishing basic qualifications are: 1. Non-Comparative (e.g., If a minimum of three years of experience is required and three people, all with at least three years experience apply, then they are all applicants. You cannot simply consider the one with the most experience and ignore the other two. They ALL pass the minimum qualification and must be considered applicants); 2.Objective (e.g., a Bachelor s degree in Accounting rather than a technical degree from a good school); and, 3.Relevant to Performance of the particular position and enable the contractor to accomplish business related goals. 15

6 Two Important Concepts to Remember Important Concept #1: If BQs have Adverse Impact, they Need to be Validated Important Concept #2: Validation requires a MORE STRINGENT demonstration of job-relatedness than the job relevant BQ requirement cited in the Internet Applicant Regulations Validation sometimes requires a different development process than what might be used to set up job relevant BQs under the Internet Applicant Regulations 16 Adverse Impact: Selection Rate Comparison (1991 CRA) & UGESP Amends Section 703 of the 1964 Civil Rights Act (Title VII) (k)(1)(a). An unlawful employment practice based on disparate impact is established under this title only if: A(i) a complaining party demonstrates that a respondent uses a particular employment practice that causes a disparate impact on the basis of race, color, religion, sex, or national origin, and the respondent fails to demonstrate that the challenged practice is job-related for the position in question and consistent with business necessity; OR, A(ii) the complaining party makes the demonstration described in subparagraph (C) with respect to an alternate employment practice, and the respondent refuses to adopt such alternative employment practice. 17 What is Adverse Impact? Adverse Impact is defined as a substantially different rate of selection in hiring, promotion, or other employment decision which works to the disadvantage of members of a race, sex, or ethnic group 18

7 Adverse Impact Selection Rate Comparison 2 X 2 Table Used to evaluate hires, promotions and terminations Statistical Significance: 5% chance in Standard Deviations (mid-p 2.36) 19 Adverse Impact in Numbers Applied Pass (Hired) Fail (Not Hired) Pass Rate Standard Deviation(s) Men % Women % 2.21 Total Review Standards for Basic Qualifications

8 Some General Issues Is the Basic Qualification likely to: Save money and personnel resources? Result in an actual benefit to the target positions? Have adverse impact? Be perceived as a form of intentional discrimination? Survive an OFCCP Review as: o Non-comparative? o Objective? o Job relevant and/or job related and consistent with business necessity? 22 Validation 101 If a BQ has adverse impact, it must be validated What is Validation? Definition: Traditionally, validation is making sure a practice, procedure, or test actually measures what it is designed to measure. In a legal realm, a selection procedure is valid if it can be proven by an employer that it is job related and consistent with business necessity. 24

9 Why Validate? It is good business Validation often results in selection devices that are better at helping to select qualified applicants Can reduce the amount of time spent training newlyhired employees Sends a message to the community and your employees that you care about doing the right thing Minimizes potentially negative legal actions It is required under certain circumstances If there is adverse impact against a protected group of test takers 25 Content Validation Process Job Duties Other KSAs Operationally defined KSAs Selection Devices (e.g., application form, tests, Interviews, BQs) 26 Content Validation Process Job Duties Other KSAs Operationally defined KSAs Selection Devices (e.g., application form, tests, Interviews, BQs) Content Valid! 27

10 Question for the Audience: 28 Examples of Non-Comparative BQs: Minimum Education, Training, and Experience Requirements Weight Handling Requirements Licenses, Certifications, and Other Requirements 29 First, an Important Clarification The Internet Applicant Regulation Requirements (noncomparative, objective, and relevant to the job) apply only to basic qualifications when pre-screening applicants. AFTER the initial pre-screening process, the hiring process for many positions will benefit from using comparative, subjective, and job-related TEE (Training, Education and Experience) scoring/rating process The process of subjectively comparing job relevant applicant qualifications is exactly what s done during an interview process Written TEE information can also be collected and evaluated 30

11 Establishing Defensible BQs: Training, Education, and Experience Requirements Developing BQs for positions with clear qualification requirements is sometimes simple! Civil servant positions (police, engineering, etc.) Health/medical profession jobs For many positions, however, developing BQs is a slippery slope! Technical professions Supervisory roles Skilled crafts/trades 31 Establishing Defensible BQs: Training, Education, and Experience Requirements Where these requirements are noncomparative, objective, and relevant to performance a yes/no check list can be used. We will briefly address comparative TEEs at the end of the presentation. 32 Five Steps for Developing Defensible BQ Training, Education, and/or Experience Requirements Step 1: Develop a job analysis for the target position Step 2: Isolate critical knowledge, skills, abilities (KSAs) that are needed on the first day of hire Step 3: Develop multiple levels (4-9) of each BQ requirement (to be reviewed and rated by job experts) Step 4: Convene a panel of 7-10 job experts to review and rate each draft BQ statement on several factors Step 5: Set BQ at a level where >70% of job experts agree 33

12 BQ Development Survey 34 Evaluate the survey results and set the BQ at the most stringent level with at least 70% job expert consensus Questions: Why establish the BQ requirement using at least 70% of job experts agreed on a requirement of XYZ Doesn t that set the cutoff too high? Why not just use the average of their responses? Answers: After removing outliers, the dataset should represent opinions from the normal range of job experts Using the 70% rule will help insure that at least the majority of job applicants should be able to handle that requirement The 70% rule trims the highest 30% of the ratings, insuring that the benchmark is set at a reasonable level Using the average could possibly set the requirement at a level that 50% of the job experts thought was too low 35 TEE BQ Elements to Consider Training/Education: What level? o Certain # units? o Vocational/Technical? o Finished degrees: AA, BA/BS, Masters, Doctorate? What major areas of study? o Be specific! o Use: Classification of Instructional Programs: US Department of Education National Center for Education Statistics 2000 Edition Provides instructional programs and course descriptions Experience: # Months/Years: Specify full-time equivalent 36

13 Establishing Defensible BQs: Weight Handling Requirements Example Weight Handling BQs: Must be able to lift up to 50 pounds once a day Must be able to lift/carry pounds five times an hour during a 8 hour shift Must be able to carry, push, pull, drag or hold up to 50 pounds. 37 Establishing Defensible BQs: Weight Handling Requirements 38 Suggestion: Developing Weight Handling BQs Step 1: Meet with management and staff to create a list of the common items that are physically handled by incumbents. Step 2: Determine actual weights for each item. Step 3: Survey job experts regarding: the frequency with which they handle (i.e., push/pull, lift/carry, etc.) the items, and how they handle the items (e.g., how far, how long, etc.) Step 4: Determine appropriate weight and/or distance requirements based upon data collected. 39

14 Question for the Audience: 40 Establishing Defensible BQs: Licenses, Certifications, and Other Requirements Licensing and Certifications and other requirements also should follow the OFCCP s internet rule for Basic Qualifications Uniform Guidelines Sec.2(B) - Employment decisions: These guidelines apply to tests and other selection procedures which are used as a basis for any employment decision. Employment decisions include but are not limited to hiring, promotion, demotion, membership (for example, in a labor organization), referral, retention, and licensing and certification, to the extent that licensing and certification may be covered by Federal equal employment opportunity law 41 Establishing Defensible BQs: Licenses, Certifications, and Other Requirements (cont.) 42

15 Note: During the BQ process, do not attempt to set cut-off scores for any types of testing that may have taken place or Grade Point Average (GPA) for any schooling 43 Be Careful: Comparative TEEs are more than BQs! Where TEE (training, education, and experience) requirements are comparative, the most accurate and defensible way to evaluate them is to use: Scored Supplemental Application Form (SAF), or Scored TEE rating process o NOTE: These are subjective and comparative and, therefore, are essentially tests and not BQ screens. o This is because there are INFINITE ways that applicants can obtain the COMBINATION of training, education, and experience necessary for the job. Comparative TEE ratings are normally obtained from job candidates AFTER the BQ process is successfully completed. 44 Helpful Validation Resources OFCCP Internet Applicant Rule: ncyid=31&documenttype=2 Federal Uniform Guidelines on Employee Selection Procedures U. S. Department of Labor s Testing and Assessment: An Employer's Guide to Good Practices Adverse Impact and Test Validation: A practitioner s guide to valid and defensible employment testing Author: Dan A. Biddle, PhD Available at Amazon.com o TEE Validation Checklist 45

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