Effective Hiring Practices How to Avoid Discrimination Complaints

Transcription

1 NYSCOSS 2015 Winter Institute and Lobby Day Effective Hiring Practices How to Avoid Discrimination Complaints presented by Donald E. Budmen, Esq. and Charles E. Symons, Esq. March 9, 2015

2 Presentation Overview The Basics: Understanding the Legal Landscape Increasing Number of Protected Statuses Understanding the Potential Consequences of Discriminatory Hiring Practices Strive for Standardized Processes DO S and DON Ts Making Exceptions

3 The Basics: Understanding the Legal Landscape Employment at Will, But Cannot Discriminate Because of Age, race or color, religion or creed, national origin or ethnic background, sexual orientation, gender identify, military status, sex, disability, predisposing genetic characteristics, marital status, domestic violence victim status, opposition to discriminatory practices, arrest/criminal accusation, criminal convictions if crime not relevant to job, immigration status, pregnancy, lactation, leisure time activities, use of consumable products, recreational activities, union activities, political activities (more to come)

4 The Basics: Understanding the Legal Landscape Consequences of Discrimination Potential for Substantial, Uninsured Damages Award (Insurance Will Not Cover Damages Awarded for Intentional Discrimination) Depending on Insurance and Nature of Claim, Defense Costs Potential Individual Liability (aider and abettor) Public Relations/Personnel Problems/Additional Suits Compelled to Hire Plaintiff or Re-Do Hiring Process

5 Strive for Standardized Processes Discrimination Claims May Be Thought of As Allegations of Particular Type of Arbitrary Candidate Selection Process (Process Not Aimed At Selecting Most Qualified Candidate) Adhere to Standardized Processes in Regard to All Aspects of Hiring Process

6 Strive for Standardized Processes Advertisements for Positions Content Forums (are you advertising vacancies in a manner likely to reach a diverse candidate pool) Document, Document, Document How Position Was Advertised, Who Applied, Who Was Invited for Interview, What Were Interviewees Asked and How Did They Answer, How did Interviewers View Interviewees, Who Was Involved in Hiring Process, Who Was Offered Position, How Were Unsuccessful Applicants Advised

7 Strive for Standardized Processes Designate Specific Employee Responsible for Documenting Hiring Process Treat candidates who are not selected in the same manner How Notified When Notified Whether Application is Kept on File

8 DO Do s and Don ts Make Qualifications Appropriate for Position Think About Ways to Reach Diverse Candidate Pool Consider Blind Review of Applications Use Interview Script Record Impressions/Content of Answers State Facts Focus Primarily on Objective Qualifications

9 DO Do s and Don ts Make note of appearance/dress when appropriate Ask about gaps in employment Ask about overall work/educational experience Ask about employment history (specific job duties) Ask about reasons for leaving other positions Ask about verbal/written counsel in prior positions and, then, discipline imposed in prior positions

10 DO Do s and Don ts Request Permission to Contact References Use Interview Script When Speaking With References Job duties Performance of same Strengths Weaknesses Honors/Discipline Reason for Leaving Would you hire person again? Let References Keep Talking Train Staff in Interview Process, Consult Legal Counsel When Unsure

11 Do s and Don ts DON T Takes notes on attractiveness, age, marital status, fresh face, fits with our team Fail to note answers that significantly impact perception of candidate Treat unsuccessful applicants in a disrespectful manner Provide details to unsuccessful applicants about why they were not offered interview/position Exaggerate job responsibilities

12 DON T Do s and Don ts Ask Applicants If Children Attend School District Allow an Inappropriate Question to Stand Disavow, Repudiate, Direct Not to Answer Summarily Reject Repeat Applicants Engage in Post Decision Discussions About Applicants

13 Making Exceptions There will be times when standard procedures are not followed this is o.k. Missed deadline for advertising position in certain forum Unanticipated, immediate need to fill crucial position Exceptionally qualified candidate submits last minute application Other legitimate important organizational concerns warrant exception Document reasons for exceptions

14 NYSCOSS 2015 Winter Institute and Lobby Day Effective Hiring Practices How to Avoid Discrimination Complaints presented by Donald E. Budmen, Esq. and Charles E. Symons, Esq. March 9, 2015