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EEO, RECRUITMENT, AND SELECTION

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Title: EEO, RECRUITMENT, AND SELECTION


1
EEO, RECRUITMENT, AND SELECTION
  • State Personnel Division Presenters
  • Christy Stapley
  • Joe Hamilton
  • Linda Davis

2
New Recruitment and Selection Rules
  • Added the following
  • Sexual Orientation
  • An agency may not select an individual for
    permanent status employment without a competitive
    recruitment process
  • "Internet applicant"
  • Reasonable accommodation - adjustments to work
    schedules to accommodate an individuals
    religious beliefs or practices
  • New rule - Limited reemployment for retirees
  • A selection may be made from any of the most
    qualified group of applicants.

3
New Recruitment and Selection Rules
  • Improved Rules
  • Definitions
  • Internal Recruitment
  • External Recruitment
  • Equal Employment Opportunities
  • Development of Selection Procedures
  • Evaluation of Qualifications
  • Access to Documentation and Confidentiality

4
Recruitment and Selection Process
Screening
EEO Laws, Discrimination, and Employment
Preference
Developing a Selection Plan
Employment Interviews
Developing a Selection Procedures
Making Reference and Other Background Checks
Recruiting
Documentation, Process Review and Making the
Final Decision
5
Equal Employment Opportunity
  • EEO Laws
  • Preference Laws
  • Discrimination

6
Federal Laws
  • The Equal Employment Opportunity Commission
    (EEOC) enforces five statutes that prohibit job
    discrimination
  • Title VII of the Civil Rights Act of 1964 (Title
    VII)
  • Age Discrimination in Employment Act of 1967
    (ADEA)
  • Americans With Disabilities Act of 1990 (ADA)
  • Equal Pay Act of 1967 (EPA)
  • Civil Rights Act of 1991
  • U.S. Department Justice
  • Immigration Reform and Control Act of 1986

7
State EEO Laws
  • The Montana Human Rights Bureau enforces
  • Montana Human Rights Act
  • Governmental Code of Fair Practices
  • Montana Maternity Leave Act
  • Recruitment and Selection Manual
  • Appendix 1 Federal And State Equal Employment
    Opportunity Laws, Law Table and Pre-employment
    Inquires Suspect Questions

8
Other Related State Laws
  • The Constitution of the State of Montana
  • Comparable Worth Statute (DOA)
  • Veterans' Public Employment Preference
  • Persons with Disabilities Public Employment
    Preference
  • Hiring preference for residents of Indian
    reservations for state jobs within reservation
  • Nepotism Statute (Standards of Conduct)

9
Montana Constitution, Article II
  • Section 4. Individual dignity. The dignity of the
    human being is inviolable. No person shall be
    denied the equal protection of the laws. Neither
    the state nor any person, firm, corporation, or
    institution shall discriminate against any person
    in the exercise of his civil or political rights
    on account of race, color, sex, culture, social
    origin or condition, or political or religious
    ideas.

10
Governors Executive Orders and State Government
Rules
  • There are also rules adopted by state government,
    both internally as well as in the Administrative
    Rules of Montana (ARM) and Executive Orders
    issued by the Governor.
  • Governors Executive Order 24-81 (Establishing
    States EEO Program)
  • Governors Executive Order 7-82 (Prohibiting
    Sexual Harassment)
  • Human Rights Bureau and Commission Rules
  • Nondiscrimination-EEO Rules
  • Recruitment and Selection Rules
  • Employment Preference Rules

11
Resources on EEO
  • http//hr.mt.gov/HRServices/policies.asp
  • Recruitment and Selection
  • Nondiscrimination EEO
  • http//hr.mt.gov/HRServices/guides.asp
  • Nondiscrimination EEO Guide
  • Recruitment and Selection Manual

12
Employment Preferences
  • Some applicants are eligible to receive
    preference in recruitment and selection.
  • There are six types of employment preference to
    consider.
  • You should work with your agency human resource
    office when applying any preference to a
    selection.

13
Applying Preferences
  • Workers' Compensation Return-To-Work
  • Veterans' Employment Preference
  • Persons with Disabilities Employment Preference
  • Indian Employment Preference
  • State Employee Protection Act
  • Reduction in Work Force reinstatement

14
Workers' Compensation Return-To-Work Preference
  • Medical Release
  • Within 2 years of the date of injury the worker
    must be given a preference over other applicants
    for a comparable position that becomes vacant if
    the position is consistent with the worker's
    physical condition and vocational abilities.
    39-71-317, MCA
  • Original employer

15
Veterans' Employment Preference
  • Initial hiring (external recruitment)
  • Scored procedures
  • Eligible veterans receive - 5.
  • Disabled veterans and eligible relatives - 10.
  • Selection procedures not scored ( v ) - a
    tie-breaker - substantially equal.
  • Note Substantially equal qualified doesnt mean
    two or more applicants are exactly equal.
  • Recruitment and Selection Manual
  • Appendix 2 - Veterans' Preference Scoring
    Procedures

16
Persons with Disabilities Employment Preference
  • Initial hiring (external recruitment)
  • Substantially equal qualifications for a disabled
    person or spouse - a tie-breaker
  • PHHS Certification (Voc Rehab Offices)
  • Note Substantially equal qualified doesnt mean
    two or more applicants are exactly equal.

17
Indian Employment Preference
  • 2-18-111, MCA A state agency operating within an
    Indian reservation must give a preference in
    hiring to an Indian resident of the reservation
    who is substantially equally qualified for the
    job.

18
State Employee Protection Act
  • The following benefits are available to laid off
    state employees
  • Special Job Registry for 2 years that agencies
    may hire employee from - Mine website
  • Job retraining and career development programs
  • State's group health insurance plan for a period
    of six
  • Leave sick leave and/or annual leave credit in
    the payroll system

19
Job Registry Mine website
20
Reduction in Work Force
  • ARM 2.21.5005, et seq - Laid-off employees have
    reinstatement rights within their own agencies to
    the same job or a job in the same class. This
    preference lasts for one year from the lay-off.

21
Medical Examination of Disability Retiree
  • 19-3-1015, MCA A member whose disability
    retirement benefit is canceled because the board
    has determined that the member is no longer
    incapacitated must be reinstated to the position
    held by the member immediately before the
    member's retirement or to a position in a
    comparable pay and benefit category with duties
    within the member's capacity if the member was an
    employee of the state or university.

22
Affirmative Action Goals
  • Nondiscrimination-EEO-ARM 2.21.4001, et seq. As
    an equal employment opportunity employer, each
    state agency implements and maintains an
    effective equal employment opportunity program.
  • This may include a written affirmative action
    plan.

23
What is discrimination?
  • Discrimination in employment occurs when an
    employers decision or practice acts as a barrier
    to a person in a protected group, and the
    employer fails to show that the decision or
    practice legitimately job-related.

24
Protected Groups
  • race
  • color
  • national origin
  • sex - includes pregnancy, maternity, sexual
    harassment
  • sexual orientation - state policy
  • religion
  • creed
  • age - all ages
  • marital status
  • mental or physical disability
  • political beliefs - public sector

Retaliation is also protected
25
Major Types of Discrimination
  • Disparate Treatment - (Intentional
    Discrimination)
  • Adverse Impact (The Big Mistake)

26
Disparate Treatment
  • The manager who purposely treats an applicant or
    employee differently because of the person's
    protected status is guilty of disparate
    treatment.
  • Examples
  • rejecting all Indian applicants because of the
    concern that one or more of them may not show up
    for work on time
  • A supervisor makes sexual advances and the
    employer does not take prompt and appropriate
    action.

27
Adverse Impact (Disparate Impact)
  • Discrimination can result from neutral employment
    practices, applied to all employees or
    applicants, that disproportionately exclude some
    protected groups.
  • Example Certain educational requirements -
    Education requirements such as high school
    diploma or degree have been found to have an
    adverse impact on certain protected groups with
    less access to these types of criteria.

28
Legal Discrimination
  • Business Necessity
  • Bona Fide Occupational Qualification (BFOQ)

29
Business Necessity
  • An employer may legally discriminate if the
    employer can prove that the practice is essential
    to the safe and efficient operation of the
    business. In addition, the employer must show
    that theres no less discriminatory practice that
    would work.
  • Customer or co-worker preferences dont qualify
    as a business necessity.
  • For example, an employer could prove that bus
    drivers need a level of vision for the safety of
    passengers. Some visually impaired persons would
    not qualify.

30
Bona Fide Occupational Qualification
  • It is permissible in rare instances to
    discriminate based upon a protected class when it
    is compelled by business necessity. In order to
    prove that BFOQ is necessary, an employer must be
    able to prove that no one in the excluded group
    could do the job satisfactorily.
  • The courts have also allowed employers to hire
    employees of the same sex as that of the client
    or customer when the job directly involved a
    potential invasion of another's privacy.
  • Custom or convenience will not justify a BFOQ
    exception.

31
BFOQ Example
  • In Montana, Riverside Youth Correctional Facility
    has a BFOQ for Correctional Counselors.
    Riverside Youth Correctional Facility is a
    facility for juvenile girls, which houses the
    girls in cottages. The facility hires only
    females as cottage care attendants for certain
    shifts.
  • This BFOQ applies to shifts when only one
    employee is on duty to cover the cottage. The
    practice protects female residents' right to
    privacy.

32
What does this mean for us?
  • State agencies have few professionally validated
    selection devices. Our tests could be viewed as
    subjective.
  • In particular, courts hold interviews to the same
    scrutiny as other tests.
  • Use caution in establishing criteria for
    selection. Make sure all selection procedures
    are based on a current job analysis, are
    job-related, and that you can document their
    relationship to the job.

33
Job Qualifications
  • One of the most problematic aspects of employment
    practices from the view point of EEOC is the
    setting of job qualifications.
  • Job qualifications may have been set with
    business needs in mind. However, in practice,
    have exclude women, minorities, older applicants,
    or other protected groups.
  • Develop qualifications to screen in qualified
    applicants not screen them out!

34
Employment tests -Qualifications
  • Griggs v. Duke Power Co. The landmark U.S.
    Supreme Court decision of 1971 which determined
    that employment tests or qualifications which
    screen out minorities or women at a higher rate
    than other candidates cannot be used unless the
    employer proves that such a selection method is
    related to the job for which it is used. Such
    proof must be in the form of a validation study.

35
What about these? Adverse Impact
  • Minimum height requirements have
    disproportionately screen out women people of
    various national origins, such as Hispanics or
    Asians.
  • Certain educational requirements - have been
    found to have an adverse impact on certain
    protected groups with less access to these types
    of criteria.
  • Physical agility tests Tests that measure
    physical agility can have an adverse effect on
    women. (Coopers Standard law enforcement
    testing)

36
All Employment Practices
  • The principle applies all employment practice and
    all protected groups. Any practice that
    adversely affects a disproportionate percentage
    of any protected group is unlawful, unless
    justified by business necessity.

37
Other Forms of Discrimination
  • Perpetuation of Past Discrimination
  • Retaliation
  • Failure to provide Reasonable Accommodation for
    an employee's or applicants religious practices
    or disability

38
How can you comply with EEO laws?
  • Uniform Guidelines on Employee Selection
    Procedures - your selection process must be both
    valid and reliable to withstand legal challenge.
  • Validity means your methods are job-related
    (construct validity, criterion-related validity
    content validity)
  • Reliability means several evaluators can apply
    your procedures consistently.

39
Construct Validity
  • Construct validity - Demonstrated by data showing
    that the selection procedure measures the degree
    to which candidates have identifiable
    characteristics (personality traits) which have
    been determined to be important for successful
    job performance.
  • Proving construct validity requires complex
    statistical analyses.
  • Intelligence tests are one example of measurement
    instruments that should have construct validity.

40
Criterion-related Validity
  • Criterion-related validity- Demonstrated by
    empirical data showing that the selection
    procedure is predictive of or significantly
    correlated with important elements of job
    performance.
  • Example If people who score higher on a test
    perform better on the job than those with lower
    test scores, the test had criterion validity.

41
Content validity
  • Content validity The extent to which the content
    of a test (a) represents the subject area or
    behavior it is intended to measure and (b) is
    related to requirements and qualifications
    important for successful job performance.
  • Example- A computer test for a job that requires
    computer work such as Excel, Microsoft word,
    Power Point, Adobe Creative Suite, HTML

42
Content validation is a 3 step process
  • Job analysis is critical. You must decide what
    the job content is and how to measure it.
    Validity
  • You need to develop test items or work samples
    that reflect the essence of the job. Try to
    develop these so they directly reflect what a
    person does on the job. Validity
  • Experts who are familiar with the job need to
    evaluate the items and agree that the test
    procedure accurately reflects the job.
    Reliability

43
Adverse Impact
  • After determining your selection devices are
    reliable and valid, you must also make sure they
    dont adversely affect any protected group.
  • The Uniform Selection Guidelines rely on the
    4/5ths or 80 rule. Its a practical way to
    focus attention on selection rates. To figure
    out if a selection procedure violates the
    "4/5ths" rule, an employer compares the hiring
    rates for different groups. A selection rate for
    any protected group that is less than four-fifths
    of the rate for the most-selected group could
    point to adverse impact.

44
Where do I start?
  • Each agency shall develop an EEO program as
    provided in
  • the Governmental Code of Fair Practices,
    49-3-201, MCA, and
  • the Nondiscrimination-EEO policy, MOM Policy
    3-0630.
  • the Recruitment and Selection policy, MOM Policy
    3-0165

45
Where do I start? Cont
  • Each agency shall maintain records (electronic)
    for each job, on sex, race and ethnic group for
    employees and applicants, as provided in
    49-2-102, MCA, and The Uniform Guidelines On
    Selection Procedures, Title 29, CRF Part 1607 and
    Recruitment and Selection policy, MOM Policy
    3-0165
  • Each agency shall make adverse impact evaluations
    at least annually for each group that is 2 or
    more of the labor force and develop an action
    plan to correct problem areas as provided in the
    Uniform Guidelines On Selection Procedures, Title
    29, CRF Part 1607 and Recruitment and Selection
    policy, MOM Policy 3-0165
  • State personnel division, department of
    administration, shall provide the adverse impact
    report to each agency. Recruitment and Selection
    policy, MOM Policy 3-0165.

46
Governmental Code of Fair Practices
  • 49-3-201. Employment of state and local
    government personnel.
  • (1) State and local government officials and
    supervisory personnel shall recruit, appoint,
    assign, train, evaluate, and promote personnel on
    the basis of merit and qualifications without
    regard to race, color, religion, creed, political
    ideas, sex, age, marital status, physical or
    mental disability, or national origin.
  • (2) All state and local governmental agencies
    shall (a) promulgate written directives
    to carry out this policy and to guarantee equal
    employment opportunities at all levels of state
    and local government   (b) regularly review
    their personnel practices to assure compliance
    and   (c) conduct continuing orientation and
    training programs with emphasis on human
    relations and fair employment practices.      
  • (3) The department of administration shall ensure
    that the entire examination process, including
    appraisal of qualifications, is free from bias.
         

47
What is an Equal Employment Opportunity Program?
  • Utilization Analysis
  • Labor Force
  • Workforce
  • State EEO Categories
  • US Census
  • EEO Special File
  • Action Plan

48
What is Utilization Analysis?
  • A comparison of the percentage of minority and
    women employees in a job group (utilization) with
    the percentage of minorities and women in the
    labor force (availability).

49
Labor Force
  • US Census Bureau
  • Census 2000 Special EEO File

50
Agreement
  • Census Bureau entered into an agreement with
  • Equal Employment Opportunity Commission (EEOC)
  • Department of Justice (DOJ)
  • Department of Labor (DOL)
  • Office of Personnel Management (OPM)

51
Special EEO File
  • Census 2000 Special Equal Employment Opportunity
    (EEO) Tabulation
  • Serves as the primary external benchmark for
    comparing the race, ethnicity, and sex
    composition of an organization's internal
    workforce, and the equivalent external labor
    market, within a specified geography and job
    category.

52
Geographic Area
  • Montana is used for the relevant labor market in
    the utilization analysis

53
Action Plan
  • Department Organizational Chart
  • Department Overview Of Underutilization
  • Responsibility For Implementation
  • Dissemination EEO Action Plan
  • Action-Oriented Programs
  • Equal Employment Opportunity Policy Statement
  • Complaint Resolution Procedure

54
Identify Barriers
  • Employment barriers may be caused by
  • Recruitment ProblemsThe Department is not
    attracting qualified women and/or minority
    applicants in numbers proportionate to their
    external availability.
  • Selection ProblemsThe Departments selection
    rate for women and/or minorities is significantly
    less than the selection rate for the other
    remaining applicants.
  • Upward Mobility ProblemThe Department is not
    advancing qualified women and minorities.
  • On-the-Job Treatment ProblemThe job conditions
    or the Departments performance evaluation of its
    employees may have adverse impact on women and
    minorities.

55
Action-Oriented Programs
  • Hiring
  • Recruitment
  • Compensation
  • Training Program
  • Harassment Discrimination Preventions
  • Promotion
  • Termination

56
Recruitment and Selection Process
Screening
EEO Laws, Discrimination, and Employment
Preference
Developing a Selection Plan
Employment Interviews
Developing a Selection Procedures
Making Reference and Other Background Checks
Recruiting
Documentation, Process Review and Making the
Final Decision
57
What Is a Selection Plan and Why Have One?
  • Definition of a selection plan
  • Why have a selection plan?
  • So your selection decisions can be defensible
    later
  • Two primary steps in selection planning include
  • Job Analysis
  • Identification of selection procedures
  • The RS guide will provide you details of the
    process online at http//hr.mt.gov/HRServices/Gui
    des
  • See handout 1-Recruitment and Selection Process

58
Job Analysis
  • Its the starting point of the selection plan and
    identifies
  • Major duties and responsibilities
  • Their relative importance to the job
  • The competencies required to perform the duties
  • The qualifications for the job (KSB and
    education/ experience requirements)
  • Serves as the foundation for supplemental and
    interview questions.
  • Recruitment and Selection Manual
  • http//hr.mt.gov/HRServices/Guides/recruitmentsele
    ctionmanual.asp
  • Appendix 3 - Selection Planning Worksheet 1 --
    Job Analysis
  • Appendix 4 Job Profile

59
Conducting the Job Analysis
  • Start by identifying and describing purpose and
    duty statements
  • Decide what duties are essential
  • Identify KSB needed to do major duties
  • Identify minimum qualifications
  • A guide to help you through the this process can
    be found at Guidelines For Developing A
    Selection Plan
  • http//hr.mt.gov/HRServices/guides.asp
  • Guidelines For Developing A Selection Plan

60
Important Considerations - Job Analysis
  • Job Analysis
  • Review job analysis each time a vacancy occurs
    for accuracy
  • Three to five major duties cover the most
    significant demands of the job and create a job
    description.
  • Get help from SMEs - Employees who have done the
    job or are currently doing the duties in similar
    jobs can help.
  • Don't forget to analyze job requirements such as
    physical activities or travel.
  • You may need to think of alternative methods to
    perform essential duties to comply with the
    Americans With Disabilities Act.
  • See Handout 2 ID of Duties HR Tech Example

61
Developing Minimum Qualifications
  • Using the job analysis, identify the KSBs that
    are necessary on the first day of the job.
  • Review the list of necessary KSBs remove any
    that could be acquired in the first six months on
    the job.
  • Review the list of necessary KSBs remove any
    that cant be measured.
  • Determine the education and experience that
    provides the minimum level of KSBs to perform the
    job.
  • If youre drafting a vacancy announcement and the
    job is targeted for Affirmative Action consider
    having the State Personnel review the minimum
    qualifications.
  • Identify other KSBs that arent necessary but may
    be desirable. Use these as a tiebreaker only
    when more necessary KSBs are essentially equal.

62
Important Considerations-MQ
  • You must be prepared to show that requirements
    are job-related.
  • The required MQs should state the lowest
    qualifications a newly hired employee needs to
    successfully perform the job on the first day.
  • MQs should be distinguishable among applicants.
  • MQs shouldnt be so narrow that they rule out all
    applicants except those with an ideal background.
  • MQs can prevent promoting from lower level
    positions, limit reassignments and mobility, and
    cause employees to seek opportunities elsewhere
    if too restrictive,
  • Build in some flexibility when stating MQs, such
    as an equivalent combination of education and
    experience and list them on vacancy
    announcement.
  • Limit MQs to competencies you can observe and
    evaluate.
  • See handout 3 MQ Guide

63
Example Major Duty
  • Human Resource Technician (Pay Band 3)
  • Supports Recruitment-Responds independently to a
    wide ranges of questions. Designs and revises
    recruitment forms and processes, provides input
    to Human Resource Specialist on process
    inefficiencies, and acts as a back-up to the
    Recruitment Specialist. Gathers necessary
    information and documents on time and sends them
    to the proper agency to process the request.

64
Example KSBs
  • Human Resource Technician (Pay Band 3)
  • Detailed knowledge of recruitment and selection
    laws, regulations (knowledge)
  • Skill in operating computer equipment and various
    software packages (Word, Excel, Outlook,
    PeopleSoft) (skill)
  • Strong customer service orientation (behaviors)
  • Develops in-depth understanding of the customers
    needs in order to be more helpful
  • Proactively informs customers resolves problem
    and issues with them
  • Follows up to ensure the customers expectations
    have been met.
  •  

65
Example MQ
  • Human Resource Technician (Pay Band 3)
  • Three years related work experience, with an
    emphasis on customer service, public relations,
    organizational, and computer skills
  • or
  • Two years of job-related post-secondary course
    work and 1 year of related work experience, with
    an emphasis on customer service and computer
    skills.

66
Special Requirements
  • It is critical to identify any special
    requirements necessary to do the job. Does the
    work require a certain license or certificate?
    Does it require travel? Does it involve special
    working conditions?

67
Review/Recap
  • Job analysis is the first stage in developing a
    selection plan.
  • You establish the major duties and
    responsibilities.
  • You identify the knowledge, skills, behaviors and
    MQs needed for success.
  • You list special requirements and update the job
    profile.

68
Recruitment and Selection Process
Screening
EEO Laws, Discrimination, and Employment
Preference
Developing a Selection Plan
Employment Interviews
Developing a Selection Procedures
Making Reference and Other Background Checks
Recruiting
Documentation, Process Review and Making the
Final Decision
69
Identification of Selection Procedures
  • Physical tests
  • Interview
  • Work sample
  • Training and experience
  • Supplemental questions
  • Written tests
  • Performance tests
  • References

70
Selection Procedures
  • Recruitment and Selection Manual
  • Appendix 5 - Selection Planning Worksheet II --
    Selection Procedures
  • Can be found at http//hr.mt.gov/HRServices/Guide
    s/RSAppendix.doc

71
Selection Procedure Guidelines
  • Based on job related information
  • Developed by job experts
  • Developed in advance of application review
  • Developed with written criteria applied
    consistently (does not mean identical)
  • Documented well

72
Example Supplemental Question
  • Human Resource Technician
  • A major duty of this position is to support
    recruitment efforts of the department. This
    includes providing general and specific
    information to applicants and hiring authorities,
    providing strong customer service
  • Develops in-depth understanding of the customers
    needs in order to be more helpful
  • Proactively informs customers resolves problem
    and issues with them
  • Follows up to make sure that the customers
    expectations have been met.
  • Please describe your experience and training in
    customer service. Give clear examples.
    (Customers include internal as well external
    people you served.)

73
Example - Suggested Responses
  • Remember, youre using supplemental questions to
    evaluate minimally qualified applicants.
  • When developing questions and suggested
    responses, try to call on at least two job
    experts who are familiar with the position
    (experienced coworkers, supervisors, or the
    incumbent)
  • Develop suggested responses for each item on the
    supplement.
  • For example, you might design the suggested
    response for the supplemental item, customer
    service orientation, for the Human Resource
    Technician job like this
  • EXCELLENT ()
  • Gave customer service examples covering all the
    following areas
  • Showed that applicant developed in-depth
    understanding of the customers needs in order to
    be more helpful
  • Showed that applicant proactively informed
    customers and resolved problem and issues with
    them
  • Followed up to make sure that the customers
    expectations had been met.

74
Applying Weights and Scoring
  • You may want to give greater weight to certain
    questions in the application supplement or
    interview
  • You can apply weights not only to individual
    questions, but also to all aspects of the
    selection process
  • Applying weights to selection procedures needs to
    happen before you review any applications or
    qualifications

75
Important Considerations Selection Procedures
  • Selection Procedures
  • Look at competencies and MQs to see which
    selection procedures will best evaluate the
    applicants' ability to perform the job
  • A common combination often includes supplemental
    questions, a performance test, interview,
    reference and occasionally background checks
    (based on the job)
  • If a certain competency is needed to perform
    several major duties, you should use more than
    one selection procedure to evaluate whether
    applicants have that competency.
  • You must develop the procedures you will use
    before you do any screening to reduce potential
    bias and possible discrimination

76
Recruitment and Selection Process
Screening
EEO Laws, Discrimination, and Employment
Preference
Developing a Selection Plan
Employment Interviews
Developing a Selection Procedures
Making Reference and Other Background Checks
Recruiting
Documentation, Process Review and Making the
Final Decision
77
Recruiting
  • Successful recruiting requires a clear picture of
    the job and the competencies applicants need to
    do that job. Your current job analysis lays the
    cornerstone for this process. Be creative!
  • Before starting, you may need authorization to
    recruit from your agencys human resource
    office.
  • Recruitment and Selection Manual
  • Appendix 14 - Miscellaneous Forms and Letters
    Example 1.
  • Feel free to change the form to fit the needs of
    your agency.

78
Overview
  • Job Registry Program and Laid-off employees
  • Internal and External Recruitment
  • Vacancy Announcements
  • Job Service Workforce Centers
  • State of Montana Employment Information
  • Advertising the Vacant Position
  • Information Required with Application

79
Making the vacancy known
  • How do you let potential applicants know you have
    a vacancy?
  • Should you recruit internally or externally or
    both?
  • Should you advertise in the media in addition to
    posting the job?
  • How widely should you advertise?
  • Should you take special steps to contact special
    recruitment sources?
  • And what about the State Employee Protection Act
    for laid-off state employees?
  • Lets tackle the last question first.

80
Job Registry
  • The State Employee Protection Act (2-18-1201,
    MCA, et seq.) - Agencies are encouraged to
    consider applicants included in the job registry
    before posting vacancies externally You are not
    required to utilize the job registry.
  • The job registry is an automated self-service
    process for agencies and is located on the MINE
    website.
  • You may use your regular selection procedures and
    give preference to the employee with the longest
    continuous state service.

81
Internal Recruitment
  • Provides quickest, easiest, and least expensive
    method
  • Obtain applicants familiar with the agency work
    environment
  • Good information on their current performance
    -Often the best way to assess how they will
    perform on the new job
  • Spend less time orienting the new employee
  • Most important reason for recruiting internally
    is simple morale - Employees who know your
    agency offers opportunities for promotion and
    career advancement are more apt to be satisfied,
    productive, long-term employees.

82
Internal Recruitment cont
  • There are some disadvantages to recruiting
    internally
  • May perpetuate biases or discriminatory practices
  • EEO goals may be difficult to meet
  • May create barriers to new ideas/insight
  • Internal promotions can result in competition,
    conflict, and changes in working relationships
    -can drive morale down, rather than up.

83
Consider These Questions
  • Should you limit recruitment to internal
    announcements, at least at first?
  • Do you have people working in your agency who are
    qualified and interested in the job?
  • Do you have department policies or collective
    bargaining agreements requiring internal
    recruitment?
  • Would a current employees institutional
    knowledge give a big boost to either job
    performance or the agencys mission?
  • Is the position hard to fill because of stiff
    requirements in education, technical ability, and
    experience?

84
External Recruitment
  • New perspectives, experience, behaviors, and
    knowledge to an organization
  • Fulfillment of EEO requirements
  • Increases diversity in the workforce
  • Takes more time and more money

85
Consider These Questions
  • Have you checked with HR to find out about any
    qualified laid off employees from your agency?
  • Have you checked the job registry?
  • Should you recruit locally, statewide, or
    nationally and determine options such as
    magazines, newspapers, MT employment website?
    (must post for 5 days)
  • What will your budget allow you to spend?
  • Have you followed department policy for external
    recruitment?
  • Have you considered EEO action plans or
    collective bargaining agreements?
  • What size applicant pool do you want to consider?

86
Workforce Investment Act
  • You may fill a position with a participant in
    on-the-job training, work experience, or other
    programs conducted under the Workforce Investment
    Act such as dislocated worker programs, adult and
    youth programs, welfare-to-work programs, Native
    American programs, and school-to-work programs
    without a competitive process, as indicated in
    the Recruitment and Selection Rules.

87
Difficult To Fill
  • In recent years, some occupations have become
    hard to fill.
  • Competition with other employers.
  • Shortage of qualified people.
  • Some options are available
  • Expanded recruitment
  • Extended recruitment
  • Continuous recruitment - website 60 days
  • Recruitment that targets specific groups
  • Increase salary - Broadband pay flexibility
  • Your human resource office can help you with ways
    to tackle the problem.
  • Be creative!

88
Creative Ad
  • Attention desk clerks, receptionists and other
    customer service agents. Like your job but wish
    you had a consistent schedule and weekends off
    and benefits? This position is full time Monday
    thru Friday 8-5. The ideal applicant is
    self-motivated with good data entry and
    communication skills. Entry level wage is
    8.80/hr with excellent benefits package to
    include 3 weeks vacation, sick/family leave, and
    retirement. To find out more call 444-0000 and
    leave a message with information to return your
    call.

89
Call Center Ad
  • Helena area call center is building an applicant
    pool for future openings. This busy call center
    does not require sales, but is customer-focused,
    fast paced and requires the ability to obtain and
    provide complex information via telephone, while
    keyboarding into the database. This position is
    full time Monday thru Friday 8-5. The ideal
    applicant is self-motivated with good data entry
    and communication skills. Entry level wage is
    11.05/hr with excellent benefits package to
    include 3 weeks vacation, sick/family leave, and
    retirement. To find out more call 444-0000 and
    leave a message with information to return your
    call.

90
Vacancy Announcements and Advertisements
  • A vacancy announcement for all positions open to
    external recruitment must be posted with the
    State of Montana Employment Information website
    http//mt.gov/statejobs/statejobs.asp for at
    least five working days.
  • The State of Montana Employment Information
    website is maintained by the State Personnel
    Division, Department of Administration.
  • Ensure your advertisements have the State of
    Montanas recommended elements
  • Guidelines For Preparing A Vacancy Announcement
  • Guidelines For Preparing A Newspaper
    Advertisement
  • http//hr.mt.gov/HRServices/guides.asp

91
Post Vacancy
  • http//statejobs.mt.gov/pls/mjs/mjs0070w.startup

92
Job Service Workforce Centers
  • States recruitment partner
  • Provides computers for internet access
  • Posts job openings to the public
  • Conducts training on how to apply for a state
    jobs
  • Provides application materials to the public
  • Answers general questions about vacancies
    application procedures
  • Forwards completed applications to the hiring
    agency
  • Provides a computer learning center for classes
    on how to use the computer, basic internet job
    searching, completing résumés on-line.

93
Workforce Centers- cont
  • Montana Job Service Offices have implemented
    expanded testing services
  • http//wsd.dli.mt.gov/local/helena/testing.asp

94
Skills Tests
  • These are examples of the tests most commonly
    requested

95
State of Montana Employment Information
  • http//mt.gov/statejobs/statejobs.asp

96
New Page - draft
97
New On-line Application-draft
  • On-line application proto type -
    http//test.stateapp.mt.gov/proto/

98
Recruitment Considerations
  • To evaluate education, training, and experience
    (if applicable) decide what you need
  • Employment application
  • Supplement responses
  • Résumé (if required)
  • Transcripts (if required)
  • When do you need them? For example do you need
    transcripts on everyone that applies or just the
    top candidates?

99
Recruitment and Selection Process
Screening
EEO Laws, Discrimination, and Employment
Preference
Developing a Selection Plan
Employment Interviews
Developing a Selection Procedures
Making Reference and Other Background Checks
Recruiting
Documentation, Process Review and Making the
Final Decision
100
SCREENING
101
What is Screening?
  • A rough assessment of a pool of applicants.
  • Determines who will continue through the
    selection process.
  • Recruitment and Selection Manual
  • Appendix 9 Screening Form

102
Initial Screening
  • The initial screening should provide a fair,
    uniform, and consistent pre-employment process.
  • It helps you decide
  • which applicants arent qualified
  • which applicants meet minimum qualifications
  • which applicants are better qualified and
  • which applicants you will invite to continue
    through the selection process.

103
What information is used?
  • Job application (summaries of past employment and
    education)
  • Responses to supplement questions (training and
    experience evaluation)
  • Resume (if required)
  • Transcripts (if required)
  • Test results (if required)
  • Documentation of licensure or certification (if
    required)
  • Documentation of preference eligibility.

104
Screening Factors
  • Education
  • Experience (general)
  • Licensure or Certification (if required)
  • Training
  • Major Duties (specific experience)
  • Knowledge, skills, and behaviors (observable)

105
Supplement Questions
  • Supplement questions are a tool for reliably
    evaluating an applicant's history.
  • Supplement questions and training and experience
    (TE) evaluations help both employers and
    applicants.
  • They provide a relatively quick and economical
    way to screen a lot of applicants.
  • Given the structure of supplements, you can
    review key information quickly. You can
    consistently see if the applicant has critical
    competencies.
  • You dont have to guess about the duties and
    responsibilities an applicant has done in the
    past.

106
Supplement Questions (contd)
  • Applicants understand the requirements of the job
    and have an equal opportunity to display their
    qualifications.
  • Applicants are more likely to feel they are
    evaluated on job-related qualities, rather than
    on subjective qualities like personality.
  • Understanding the job requirements, potential
    applicants wont apply if they dont qualify.
  • You get to screen applications against suggested
    responses.
  • You can rate applicant responses on a single
    form.
  • Based on ratings, you can group applicants for
    example, best qualified, qualified, and
    unqualified. The applicants in the
    best-qualified group are the most likely
    applicants to continue in your selection.

107
Any drawbacks to supplement questions?
  • You have no control how people prepare responses
    to supplement questions. Thats why its best to
    use this selection procedure as a screening tool.
    It enables a good analysis of an applicant's
    qualifications, but youll need a lot more
    information before you decide who to hire. Other
    selection procedures will help you get that
    information in controlled situations.
  • The applicant shouldnt have to do a lot of
    research to answer supplement questions. For
    example, supplement questions arent the best way
    to assess an applicant's knowledge about a
    specific duty. They cant measure most skills.
    Written communication is an exception, but then,
    you dont really know who wrote the responses.
  • Potential, qualified applicants might not bother
    to apply if they have to complete a supplement
    question. This happens a lot when the supplement
    is too long or labor-intensive. Develop the
    supplement with care.

108
How do you interpret minimum qualifications?
  • You want everyone involved in screening to
    interpret minimum qualifications (MQs)
    consistently. When assessing MQs, consider the
    following
  • Benefit of the doubt
  • Equivalencies
  • Definition of a "course"
  • Hours of training
  • Paid versus unpaid work
  • Personal experience

109
Equivalencies
  • Put your best intentions behind the stock phrase,
    an equivalent combination of education and
    experience.
  • Realize that applicants may have achieved MQs in
    a number of ways.
  • Applicants might qualify through any combination
    of
  • -academic courses -volunteer experience
  • -vocational training -military experience
  • -work experience -personal experience

110
Equating education and experience
  • Theres no magic formula for equating education
    and experience.
  • Its helpful if everyone involved in screening
    shares a common method of equating education and
    experience.

111
Example
  • These might be equivalent qualifications for a
    job requiring a bachelors degree and two years
    of relevant experience
  • eight years of experience in the field,
    especially if it shows progress and growth
  • two years of college in a relevant area, plus
    five years of relevant experience
  • an associates degree in a relevant area, plus
    four years of relevant experience or
  • a masters degree in a relevant area, especially
    if the job requires specialized knowledge.

112
How do you screen applications?
  • You can use the applicant screening form. You
    sort and evaluate training, experience,
    supplements, and other application information
    for each applicant.
  • List each minimum qualification. List applicants'
    names, or coded numbers. Rate each applicant on
    each MQ. You can use a plus-check-minus ( v
    ) for each area.
  • Best Qualified
  • Qualified
  • Unqualified
  • Make sure you are comparing each applicant to
    each stated qualification. Dont compare
    applicants to each other. That step comes later.

113
Broad groups
  • Once you have compared each applicant to the
    minimum qualifications, you then put applicants
    into broad groups of similar qualifications.
  • This approach has several elements
  • You put applicants into groups, based on their
    similar job-related competencies.
  • You label the groups to distinguish the
    applicants for example, unqualified, qualified,
    best-qualified, or unacceptable, standard, above
    standard.
  • Within a group, you consider applicants to be
    substantially equal.
  • You apply appropriate employment preferences
    among applicants who are substantially equally
    qualified.

114
Are there other ways to screen applicants?
  • You also can use numerically scored procedures to
    screen applicants at any stage of the screening
    process. Using this method, you assign a
    numerical value to each applicant for each
    qualification.
  • As with any selection procedure, you need a
    rating scale to help assign scores. For each
    qualification, design a scale with suggestions
    for each point value.
  • Consider these ideas when using numerically
    scoring procedures
  • Total possible points should add up to 100. This
    enables you to easily set the score in terms of a
    percentage. In addition, it makes it simple to
    apply percentage points for Veterans' Preference,
    when appropriate.
  • Assign points to each qualification before
    starting screening.

115
Example- MQ
  • One part of a scale for the Human Resource
    Technician job might look like this
  • Minimum qualification equivalent of three years
    related work experience, with an emphasis on
    customer service, public relations,
    organizational, and computer skills.
  • 5 - three or more years of experience in human
    resources, including recruitment and customer
    service
  • 4 - three or more years experience in human
    resources, payroll, or benefits
  • 3 - three years of experience in an area
    emphasizing customer service, organizational, and
    computer skills, but without a strong link to
    human resources
  • 2 - more than two, less than three years of
    experience in human resources, payroll, or
    benefits
  • 1 - less than three years of experience, if no
    part of the experience has a relationship to
    human resources

116
Employment Preference and Screening
  • Persons With Disabilities Employment Preference
  • The Veterans' Employment Preference
  • Indian Employment Preference

117
Recruitment and Selection Process
Screening
EEO Laws, Discrimination, and Employment
Preference
Developing a Selection Plan
Employment Interviews
Developing a Selection Procedures
Making Reference and Other Background Checks
Recruiting
Documentation, Process Review and Making the
Final Decision
118
THE INTERVIEW
  • Discrimination
  • Types of interviews
  • Behavior based interviewing
  • Developing interview questions
  • Anything you shouldnt ask?
  • Scheduling and preparation for the interview
  • Conducting the interview
  • Common mistakes
  • Tips

119
DISCRIMINATION
  • DEFINITION
  • AN INTERVIEW IS A TEST
  • OBJECTIVE INTERVIEWS

120
STRUCTURED V.S. INFORMAL
  • STRUCTURED (objective)
  • Systematic approach
  • Questions developed prior to applicant review
  • Same questions for all applicants
  • Suggested responses
  • Similar conditions
  • Panel interview
  • Documentation
  • Increases interview as a job success indicator
  • Defending final decision
  • Resource Guidelines for Developing and
    Conducting the Structured Interview
  • http//hr.mt.gov/HRServices/guides.asp
  • INFORMAL (subjective)
  • Judging a single characteristic
  • Personal bias
  • Quick evaluation
  • Content isnt job related
  • Inconsistent
  • Personal information
  • Risk of discrimination

121
DEVELOPING QUESTIONS
  • IDENTIFY JOB DUTY DECIDE WHAT KSBs YOU WANT TO
    ADDRESS
  • TOOLS
  • SkilAnalyzer
  • Montanas competency manual
  • SUGGESTED RESPONSES (helps to gauge answer)
  • APPLY WEIGHT (optional)
  • Recruitment Selection Manual, appendixes 11 and
    12
  • www.skilanalyzer.com
  • http//hr.mt.gov/HRServices/Guides/competencyguide
    .asp

122
EXAMPLE OF (Knowledge Based) INTERVIEW QUESTION
  • Position HR Tech
  • Duty Supports Recruitment
  • Provides general and specific information to
    applicants and hiring authorities.
  • Knowledge
  • Detailed knowledge of recruitment and selection
    laws, regulations and procedures
  • Question
  • Part of the duties of this position require you
    to provide information to applicants and hiring
    managers. What kind of information would you
    need to have in order to successfully communicate
    this?
  • Suggested Responses
  • Job profile
  • Vacancy announcement
  • EEO data (workforce/labor force information)

123
BEHAVIOR BASEDINTERVIEW QUESTIONS
  • Past behavior, best predictor of future behavior
  • Actual job related events
  • Promotes objectivity

124
EXAMPLE OF (BEHAVIOR BASED ) INTERVIEW QUESTION
  • Position HR Tech
  • Duty Supports Recruitment
  • Must Possess strong independent judgment and
    communication skills to tactfully and
    diplomatically respond, at all times, to a wide
    range of questions about the application and
    recruitment process.
  • Behavior Strong customer service orientation
  • Develops in-depth understanding of the customers
    needs in order to be more helpful.
  • Proactively informs customers resolves problems
    and issues with them
  • Follows up to ensure the customers expectations
    have been met

125
EXAMPLE OF (BEHAVIOR BASED ) INTERVIEW
QUESTION, contd.
  • Question
  • Tell us about the most difficult customer service
    experience youve ever had to handle, perhaps an
    angry or irate customer. Be specific. Tell us
    what you did and what the outcome was.
  • Suggested Response
  • describes in-depth understanding of the
    customers needs
  • Resolves problems
  • Follows up
  • SHARE
  •  

126
EVALUATING THE RESPONSE
  • SHARE
  • Probing for Information
  • Evaluating Responses

127
FOLLOW-UP QUESTION
  • You can ask follow-up questions if the initial
    response doesnt give you the information you
    need.
  • Restate the question, using information candidate
    gave in the initial response
  • Example
  • You said the customer calmed down after you
    listened to him. How did you show that you were
    listening?

128
ANYTHING YOU SHOULDNT ASK?
  • Questions that give away the answer
  • Misleading or trick questions
  • Discriminatory questions

129
SCHEDULING,PREPARATION, CONDUCTING
130
SCHEDULING
  • Allow enough time between interviews
  • Avoid fatigue, ensure that panel members are
    alert
  • Communicate time and details to applicants

131
PREPARATION
  • Assign questions roles of panel members
  • Conduct a mock interview
  • Review all application materials submitted

132
CONDUCTING
  • Humanizing
  • Helping the candidate communicate
  • Warm-up question
  • Interview setting
  • Seating Arrangements
  • Accommodation needed?

133
INTERVIEW PANEL,COMMON MISTAKES,TIPS
134
INTERVIEW PANEL
  • Why have a panel?
  • Deciding panel members
  • How many?

135
COMMON MISTAKES
  • Central Tendency
  • Leniency
  • Halo / Horn
  • Contrast / similarity
  • Recency

136
INTERVIEW TIPS
  • Echo, Silence, Summary, Non-Verbal
  • SHARE
  • Documentation / Interview Notes
  • Closing

137
KEEP THIS IN MIND
  • THE LAW PRESUMES ANY QUESTION ASKED IS USED AND
    BASED ON THE FUNCTIONS OF THE JOB

138
Recruitment and Selection Process
Screening
EEO Laws, Discrimination, and Employment
Preference
Developing a Selection Plan
Employment Interviews
Developing a Selection Procedures
Making Reference and Other Background Checks
Recruiting
Documentation, Process Review and Making the
Final Decision
139
REFERENCE CHECKSBACKGROUND CHECKS
  • CHECKING, OBTAINING , PROVIDING REFERENCES
  • GOOD PREDICTOR?
  • CONSUMER REPORTS, CRIMINAL CHECKS, OTHER CHECKS
  • FCRA
  • HOW TO DECIDE?
  • LIABILITIES
  • TIPS, GUIDELINES, RESOURCES

140
CHECKING REFERENCES
  • Why check references?

141
OBTAINING REFERENCES
  • Why, sometimes difficult, to obtain?
  • Obtaining the reference
  • Recruitment Selection Manual
  • Appendix 13

142
PROVIDING REFERENCES
  • Related MCA
  • MCA website
  • Qualified Privilege
  • Job Related Information
  • Agency Policies
  • Professionalism

143
ARE REFERENCESA GOOD PREDICTION?
  • Predictor?
  • Reliability / Validity
  • Common biases
  • Variables
  • Why bother?

144
CRIMINAL OTHER TYPES OF BACKGROUND CHECKS
  • Criminal Background
  • Credit Checks
  • Other Checks

145
FAIR CREDIT REPORTING ACT(FCRA)
  • As an employer, you may use consumer reports when
    you hire new employees and when you evaluate
    employees for promotion, reassignment, and
    retention , as long as you comply with the Fair
    Credit Reporting Act (FCRA)
  • Individuals must be aware that consumer reports
    may be used for employment purposes and agree to
    such use
  • Individuals are notified promptly if information
    in a consumer report may result in a negative
    employment decision, and given a copy of the
    report and summary of their rights

146
HOW TO DECIDE?
  • Job-Related
  • Some checks are mandated
  • Employer responsibilities
  • Fair Credit Reporting Act Links
  • For sample formats see
  • Appendix 13, Recruitment Selection Manual

147
LIABILITIES
  • Negligent Hiring
  • Qualified Privilege
  • Mandated checks
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