Creating Defensible Job Duty and Knowledge, Skill, Ability, and Personal Characteristic Statements

Transcription

1 Creating Defensible Job Duty and Knowledge, Skill, Ability, and Personal Characteristic Statements Jim Kuthy & Chris Atkinson Biddle Consulting Group, Inc.

2 Visit BCGi Online While you are waiting for the webinar to begin, Don t forget to check out our other training opportunities through the BCGi website. Join our community by signing up (it s free) and we will notify you of our upcoming free training events as well as other information of value to the HR community.

3 HRCI/SHRM Credit BCG is an HRCI and SHRM 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

4 BCGi is Sponsored by Biddle Consulting Group, Inc. Forty years of experience in Equal Employment Opportunity consulting Has represented hundreds of employers in litigation-related settings Has performed job analyses and validation studies for hundreds of employers Has created valid selection testing that have been used by thousands of employers

5 About Our Sponsor: Biddle Consulting Group, Inc. Has 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, 3 rd 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 and web tools: OPAC (Administrative Skills Testing) CritiCall (9-1-1 Dispatcher Testing) MyAAP (Affirmative Action Software and Services) C 4 (Contact Center Employee Testing) Encounter (Video Situational Judgment Test) AutoGOJA (Automated Guidelines Oriented Job Analysis ) COMPare: Compensation Analysis in Excel

6 Creating Defensible Job Duty and Knowledge, Skill, Ability, and Personal Characteristic Statements Jim Kuthy & Chris Atkinson Biddle Consulting Group, Inc.

7 Today s Presenters Jim Kuthy, Ph.D. Principal Consultant jkuthy@biddle.com (800) x 239 Chris Atkinson, M.S. Consultant catkinson@biddle.com (800) x 120

8 Notes This presentation is designed to aid job analysts who are developing lists of tasks or duties that employees perform, as well as the knowledge, skills, abilities, and personal characteristics needed to perform those tasks The approaches described in this presentation are designed to address the content-related validation requirements of the federal Uniform Guidelines on Employee Selection Procedures and generally-accepted best practices However, nothing in this presentation is offered as legal advice and we recommend that you seek counsel to address potential legal issues associated with your job analysis and/or test validation practices

9

10 Uniform Guidelines Section 14C(2) There should be a job analysis which includes an analysis of the important work behavior(s) required for successful performance and their relative importance and, if the behavior results in work product(s), an analysis of the work product(s). Any job analysis should focus on the work behavior(s) and the tasks associated with them. Any job analysis should focus on the work behavior(s) and the tasks associated with them. If work behavior(s) are not observable, the job analysis should identify and analyze those aspects of the behavior(s) that can be observed and the observed work products. The work behavior(s) selected for measurement should be critical work behavior(s) and/or important work behavior(s) constituting most of the job.

11 What Does the Uniform Guidelines Consider a Work Behavior? Work behavior. An activity performed to achieve the objectives of the job. Work behaviors involve observable (physical) components and unobservable (mental) components. A work behavior consists of the performance of one or more tasks. Knowledges, skills, and abilities are not behaviors, although they may be applied in work behaviors. (Section 16Y)

12 What are Tasks and Duties? Task A distinct work activity carried out by an employee for a specific purpose Duty A large segment of the work performed by an employee; may include a number of tasks

13 Should You List Tasks or Duties? The federal Uniform Guidelines on Employee Selection Procedures do not specify whether work behaviors must be identified at either the task or duty level However, it does state that, A work behavior consists of the performance of one or more tasks, so both appear to be acceptable Both have been accepted by the courts and Equal Employment Opportunity government agencies The decision is yours to make

14 Goals When Creating Task Statements Task statements should 1. begin with an action word (verb); 2. describe an observable behavior that an employee performs on the job; and 3. include the work product or outcome of the duty if the task itself cannot be observed by others (e.g., information is communicated to others ) Example: Prepare written messages using word processing software and deliver to prospective clients using .

15 Goals when creating Duty Statements Duty statements should 1. begin with an action word (verb) summarizing the work behavior(s) associated with the duty; 2. Include the process for completing the duty; and 3. Include the work product or outcome of the duty Example: Prepare documents, such as correspondence and project-proposals, using word processing software.

16 Job Task/Duty Statements Typically Start with an Action Word (Examples) Analyze Coordinate Evaluate Obtain Repair Arrange Delegate Inspect Coordinate Write Speak Measure Paint Show Assist Design Maintain Plant Sort Build Develop Manage Drive Operate Prepare Supervise Clean Plan Monitor Process Confirm Ensure Move Provide Carry Lift Load

17 Examples of Duties and Tasks Duty Perform crime-scene investigation tasks, such as surveying and analyzing scene, collecting latent fingerprints, taking photos, and creating diagrams to document potential evidence at a crime scene. Task Survey and analyze crime scenes. Collect latent fingerprints. Take photos at scenes of possible criminal activity. Draw diagrams documenting location of potential evidence at scenes of possible criminal activity.

18 Statements Should be Broadly Written Job Duty statements should be broadly written, whenever possible Statements should be written in terms of observable performance and/or observable work outcome Provide examples of observable performance and/or outcomes without limiting to only those examples, if appropriate (e.g., such as ) Operates office equipment, such as photocopiers, FAX machines, and multi-line telephones Uses software tools, such as Microsoft Word and Excel, to enter data and/or document activities

19 Knowledge, Skills, Abilities, and Personal Characteristics (KSAPCs) Knowledge: Section 14C(4) of the federal Uniform Guidelines on Employee Selection Procedures states, In the case of a selection procedure measuring a knowledge, the knowledge being measured should be operationally defined as that body of learned information which is used in and is a necessary prerequisite for observable aspects of work behavior of the job. Knowledge is the information you need to know to perform the observable aspects of the job!

20 Knowledge Examples Knowledge of how to order supplies within the organization. Knowledge of company policies and procedures regarding bio-hazardous materials, such as the knowledge of methods for properly disposing of bio-hazardous materials. Knowledge of advanced shop mathematics sufficient to read, understand, and use diagrams, drawings, specifications, charts, tables, and associated formulas.

21 Recommendation We recommend that you do not limit the knowledge areas too rigidly, since that would limit your ability to test/measure new and/or additional knowledge areas that might become evident once the job analysis is completed and/or at some later time Instead, offer a broadly defined type of knowledge description and follow that with one or more examples Knowledge of basic spreadsheet software functions to generate reports, such as opening and closing workbooks, saving work, and entering formulas to perform calculations. Hint: Use a similar approach when developing skill, ability, and personal characteristic statements

22 Skills/Abilities Skill: A present, observable competence to perform a learned psychomotor act. Psychomotor skills involve both mental and muscular ability in which practice and/or concentration is involved, including, but not limited to activities, such as typing/data entry, throwing darts, or walking a tightrope. Ability: A present competence to perform an observable behavior and/or a behavior that results in an observable product. Do not become overly concerned of the difference between skills and abilities some can be both! Hint: If in doubt write as an ability statement!

23 Skill or Ability? Skill at throwing a baseball to hit a target, such as the strike zone and/or other player s glove Learned psychomotor skill Ability to toss rocks out of a yard Observable behavior no real skill involved Ability to throw a baseball to hit a target An observable behavior (i.e., throwing) and an observable product (i.e., hitting the target)

24 Skill/Ability Examples Ability to tell time and compute time intervals. Ability to read and comprehend written text, such as general instructions, safety warnings, and/or letters from various stakeholders. Skill at entering information, such as names and social security numbers, into a computerized database. Skill to drive a van equipped with a stick shift transmission to deliver packages to clients. Note: This skill could just as easily been worded as the Ability to drive a van equipped with a stick shift transmission to deliver packages to clients.

25 Personal Characteristics Personal Characteristics: These are characteristics that are typically not as concrete as individual knowledge, skills, or abilities. Examples include dependability, conscientiousness, or charisma. The Uniform Guidelines do not permit measuring abstract traits in content-validated selection process (see Section 14C(1)) unless they are clearly operationally defined in terms of observable aspects of job behaviors Section 14C(4) of the Uniform Guidelines specifies that the measurement of knowledge, skills, and/or abilities can be justified using a content-related approach. With that in mind, we recommend writing Personal Characteristics in terms of abilities.

26 How to Define Personal Characteristics in Terms of Observable Behaviors/Skills/Abilities While the characteristic dependability (if left undefined) is too abstract to be legitimately included in a job analysis, if it can be described as promptness and regularity of attendance, which is an observable work behavior that can be measured during a selection process. Stress tolerance, if not clearly operationally defined, is also too abstract for inclusion in a selection process under a content validity approach. However, if defined as the ability to complete job duties in a timely and efficient manner while enduring stressful or adverse working conditions, it is converted into an essential work ability that is observable on the job.

27 How to Define Personal Characteristics in Terms of Observable Behaviors/Skills/Abilities If an Employer desires to use a content-related validation approach when collecting evidence about the job-relatedness of a process used to measure personal characteristics during their selection process, they should convert those characteristics from abstract concepts to concrete, observable work behaviors and/or observable skills/abilities This approach is also helpful for developing potentially-defensible statements that are included in Job Descriptions

28 Personal Characteristic Examples Ability to be honest and conscientious, such as being truthful; reporting to work as scheduled and remaining on the job for the entire shift; completing all tasks as assigned in a timely fashion; respecting the property and well being of the company and others; working effectively when under very minimal supervision. Ability to work closely with others and to be an effective member of a team in order to achieve goals; including the ability to help others, as needed; and to anticipate the needs of the team and act accordingly.

29 Physical Abilities Writing physical abilities follows the same guidelines as other abilities However, with physical abilities it is typically a good idea to provide various levels so the Job Experts can give their opinion of how important it is to be able to perform at each of the levels on the job Alternatively, one could use very broadly written physical ability statements, but then the employer would need to collect more definitive information at some later time if testing in that area will be taking place For example, if you ask a Job Expert the importance of an employee being able to move a 50 pound box a distance ranging from 10 to 50 feet, are they rating the importance of moving the box 10 feet? 50 feet? Or something in the middle?

30 Physical Ability Examples Ability to clearly see and read documents and labels. Ability to clearly see small or obscure indicators of defects, such as surface cracks on material. Ability to hear and understand conversations spoken at a normal volume. Ability to hear and understand the spoken word above other noises, such as machinery noises. Ability to lift objects weighing between 21 and 40 pounds WITHOUT ASSISTANCE. Ability to maneuver (such as sliding, pushing, pulling) objects weighing 8o to 100 pounds; WITH ASSISTANCE OF ONE OTHER PERSON. Ability to use hands and fingers to manipulate objects or devices, including, but not limited to, turning knobs, dials, and to hold and use a hammer or other hand tools.

31 Sample KSAPC and Physical Abilities can be found at the following:

32 Note It is not necessary to include words such as accurately or appropriately in the duties or KSAPCs since it should be assumed that job performance should be accurate and appropriate Ability to accurately enter information to a computer database. If you put these terms in some, but not all parts of the list, that implies that the other parts of the list do not necessarily require accuracy or appropriateness You can use these terms if the degree of accuracy or appropriateness is significantly greater than that which is typically needed for performing job-related tasks

33 Carefully Use Relative Descriptors Be sure to define and/or clarify relative descriptive terms you might use, such as basic or advanced For example, instead of just saying, knowledge of basic electrical theory, or knowledge of advanced electrical theory you could say, knowledge of basic electrical concepts such as voltage, amperage, resistance, Ohm's law, wattage, circuit theory and others and knowledge of advanced electrical theory, such as the electrical principles and schematics used in commercial, industrial, hospital and supermarket refrigeration systems.

34 A Less Formal Approach for Developing Lists of Job Duties and KSAPCs Investigate resources for possible job duties and KSAPCs Conduct job observations and interviews to obtain information needed to add, delete, and/or modify the duties and KSAPCs Ask Job Experts to review the lists and provide feedback

35 A Somewhat More Formal Approach Ideally, after the Job Experts have independently recorded the duties of the target position, a facilitator could convene a panel to develop a master, consolidated list that reflects the majority opinion of the group. At this step, job duties from pre-existing job descriptions and other suggestions or data from management should be integrated and added to the master list for the panel to review. Have the participants review the list to see if they wish to remove any of the items or add items to the final duty list You can stimulate thoughtfulness by asking participants to think about the job, from the start of the day to the end of the day. Also, ask them to think of duties that are performed infrequently, but that are important. Using a 70% consensus rule (e.g., 7 out of 10) for removing or adding items is suggested, or a lower ratio may be used if the job analysis results will be sent in survey form to a larger Job Expert sample. Then, have the Job Experts review the KSAPCs and Physical Abilities to finalize those lists, using the same techniques describe above.

36 Content Validation Important or Critical Job Duties KSAPCs and Physical Abilities Selection Device (test, interview) or Job Description

37 Linking KSAPCs & Physical Abilities to Job Duties Section 15C(5) of the Uniform Guidelines requires evidence demonstrating that the selection procedure is a representative work sample, a representative sample of the work behavior(s), or a representative sample of a knowledge, skill, or ability as used as a part of a work behavior and necessary for that behavior should be provided.

38 Linking KSAPCs to Job Duties Typically, Job Experts must indicate the relationship between each KSAPCs to each of the Job Duties to address the requirements of the Uniform Guidelines This can be very time consuming and tiring If only there was an easier way

39 Perhaps clustering job duties into logically-similar groups?

40 Clustering Job Duties for Linkages The important key to clustering is that the clusters must make logical sense to those who will be linking the Job Duty clusters to KSAPCs and those who are later reviewing them If you have some left over duties that do NOT sensibly fit in with other duties, then each of those additional duties should be included as a separate cluster. Do NOT attempt to create a cluster that contains duties that are NOT logically associated to one another.

41 Job Duty Clustering Advantage Imagine 60 job duties, 96 KSAPCs, and 42 physical abilities are identified during a job analysis process If a job-duty clustering approach was not used, the Job Experts would be required to link 96 KSAPCs and 42 physical abilities to 60 job duties for a total of 8,280 linkage decisions If the job duties for the position were combined into six logical groupings of work behaviors (clusters), the Job Experts would be required to make only 828 job duty cluster-to-ksapc and job duty cluster-to-physical ability linkage decisions. Thus, the number of linkage decisions will be dramatically reduced with minimal reduction on the effectiveness of the linkage process

42 Clustering Job Duties for Linkages CAUTION: Employers may be required to later perform discrete linkages of KSAPCs to specific important/critical Job Duties in the event of an audit or legal challenge, so it is extremely important any clustering is performed appropriately Do not take short cuts when clustering!

43 What about Competencies? The federal Uniform Guidelines only recognize work behaviors (duties/tasks), knowledge, skills, and abilities when employers use a content validation strategy Acceptable competencies are made up of KSAPCs in an applied context Using competency statements that do not address the Uniform Guidelines requirements for Duties and KSAPCs could can greatly reduce an employer s ability to defend themselves in the event of litigation Solution: Write competency statements so they address the Uniform Guidelines for duties and KSAPCs

44 Hints for Developing Duties and KSAPCs It is generally a good idea to develop your job duty and KSAPC lists in a software program, such as Microsoft Excel, so you can more easily edit and/or move the parts of the list as needed Obtaining input from a variety of Job Experts can enhance the possibility of your obtaining a comprehensive list of job duties and KSAPCs

45 Where to Get Job Information Research previously-developed job analyses, job descriptions, other supporting documents Search the Internet for information about the target job or similar jobs While O*NET might be helpful, there is a lot of other job information posted on the web ( Observe and/or interview current job holders Interview supervisors and/or trainers

46 When do you have enough Job Duty and/or KSAPCs identified? Your job analysis should provide sufficient information for another person (e.g., a judge or jury) to understand the important activities employees actually perform on the job (the job s duties) and what is required of them to perform those job duties (the KSAPCs and Physical Abilities) Try to include as many important duties and KSAPCs as possible Make especially certain that you have included KSAPCs that might be measured during a selection process, as well as the job duties for which those KSAPCs are needed Make a goal that all listed KSAPCs are associated with one or more important/critical job duty

47 Summary The Uniform Guidelines offer clear guidance about creating potentially acceptable job duty and KSAPC statements Following the simple steps listed in this presentation can help minimize potential exposure to liability All KSAPCs should be able to be linked to one or more important/critical job duties

48 Thank You Very Much