Published on February 20, 2014
Safe Hire: Risk Free Hiring Sean O’Donnell -‐ MBA, SPHR Senior HR Advisor G&A Partners
Agenda • Intro to Employment Law • The Hiring Process • SelecJon Criteria
WESODI Agrees to Pay $90,000 to SePle EEOC Age DiscriminaJon Lawsuit EEOC PRESS RELEASE 4-‐8-‐13 Two Electricians Denied Jobs Because They Were Deemed to Be 'Too Old,' Federal Agency Charged ALBUQUERQUE, N.M. -‐ Western Energy Services of Durango, Inc. (WESODI) has agreed to pay $90,000 and furnish other relief to sePle an age discriminaJon lawsuit ﬁled by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. According to the EEOC's lawsuit ﬁled in Albuquerque, N.M., two journeymen linemen electricians, Dennis Thomas (then age 61) and Eric Camron (then age 72), were referred for WESODI job openings in northern New Mexico by the IBEW local union in Albuquerque, but the company rejected the referrals because of the men's ages. In each instance, aeer the referrals were refused, two men in their mid-‐ twenJes were awarded the jobs. Camron and Thomas, as well as the local union's dispatcher, alleged that WESODI's line superintendent stated that he was rejecJng the referrals because of their ages. In addiJon to the monetary sePlement, WESODI, based in Durango, Colo., has agreed to post its anJ-‐ discriminaJon policy, provide training about anJ-‐discriminaJon laws to its employees and managers, and to make periodic reports to the EEOC.
What are the Costs? • Fines and PenalJes • Back Wages + Interest • LiJgaJon Expense • APorney fees • InvesJgaJve expenses • Lost producJvity • ReputaJon • Lost revenue • Ability to recruit/retain
Poll QuesJon What is your greatest fear when it comes to the consequences of not conducJng safe hire?
INTRO TO EMPLOYMENT LAW
Equal Opportunity • Equal access to apply for jobs • Equal treatment in the hiring process • The law protects against certain kinds of discriminaJon • AﬃrmaJve AcJon is diﬀerent
Legally Protected Classes • Race • Color • NaJonal Origin • Sex • Pregnancy • Disability • Religion • Age • GeneJc InformaJon • Veterans/Military
Poll QuesJon – Charge StaJsJcs In 2013, the EEOC received the most charges for this type of discriminaJon: A. Age B. Disability C. Race D. Sex
Race, Color, NaJonal Origin • Appearance • Culture • Accents • Visas/immigraJon • Micro-‐Aggression: intenJonal or unintenJonal racial slights or insults
Sex, Pregnancy, OrientaJon • Avoid quesJons about: • TradiJonal family/gender roles • Childcare • Equal Pay Act • Pregnancy, childbirth, and related condiJons • Sexual orientaJon, gender idenJty and expression
Disability • Do not discuss the details of a disability • Ask candidates if they will need accommodaJons for the interview • Ask disabled applicants (or all applicants): • “Can you perform the essenJal duJes of this job with or without accommodaJon?” • (EssenJal funcJons must be ESSENTIAL) • If accommodaJons are needed, contact HR
Religion • Religious discriminaJon in employment is a growing issue across the country • Contact HR if religious accommodaJons are requested • Applicants may use paid or volunteer religious service as work experience • Avoid quesJons or discussions about religion • Be sensiJve to local religions
Poll QuesJon – Age DiscriminaJon At what ages are applicants and employees protected from discriminaJon in employment based on age? A. All ages B. 18 and older C. 40 and older D. 50 and older
Age (40+) • Avoid quesJons about • When they graduated • When they plan to reJre • Be aware of common unfair biases • “can’t teach an old dog new tricks” • Can’t use the technology • Degree irrelevant • Too close to reJrement
GeneJc InformaJon (GINA) • Tests can detect geneJc disorders • It is illegal for employers (and insurance companies) to discriminate on this informaJon • Also avoid quesJons or discussions about family history of diseases/disorders (Fabricut $50K in 2013)
Veterans, Military Status • Discharge status • PotenJal to be called up to acJve duty • May discuss military as employment history if applicable
Compliance Tips • Base interview quesJons on the job descripJon • Consistent treatment of applicants • Interview as a panel when possible • Avoid retaliaJon
Poll QuesJon Do you currently use safe hire best pracJces?
SelecJon Criteria Ability Train Willingness Manageability
QUESTIONS? Sean O’Donnell MBA, SPHR G&A Partners firstname.lastname@example.org (800) 253-‐8562 *This webinar has been recorded and will be posted on the G&A website by Friday
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