Unit 3 Seminar

 Used to predict acceptable or unacceptable behavior  Helps to assess level of skills/knowledge/ characteristics applicants have  Reduce the potential of bias  Identify factors that could be detrimental on the job

 What are some advantages of preeemployment tests?  What are some disadvantages of preeemployment tests?

 Dismissing candidates solely because of the results of the tests  Predictive nature of tests has limitations  Some applicants have negative reactions to tests - Can screen out qualified candidates who do not do well on tests  Tests can be misued  Not always appropriate to use – can be costly and time consuming

 Allows employers to match an individual’s abilities and potential with the job  Identifies desirable or undesirable traits  Protects against charges of negligent hiring  Helps to keep the decision objective  Helps to differentiate between candidates  Helpful for supplementing reference checks

 What are some types of tests?

 Drug testing  Psychological Testing  Personality Testing  Integrity Tests  Polygraph Test  Physical Tests

Employers must be able to show that the tests they use are job-related and consistent with business necessity Employers should monitor and maintain records of the tests and the effects on different protected class groups/ Four-fifths rule – the percentage of people who pass the test and are hired for one protected class group is more than 80% of the selection rate for the protected class that was most successful at passing the test.

 Criterion-related validity – predictive component of how well someone does on the test and how well they will performance on that aspect of the job.  Content validity – the content relates to key aspects of the job

 Could be given prior to employment  In conjunction with medical exams  When there is reasonable suspicion employee has had drug use  Random drug testing – a percentage of the workforce is selected for testing without prior notice and without suspicion of employee drug use.  Many states have drug testing laws.  Do your organizations conduct drug testing?  Any thoughts about drug testing?

 Employees must be provided with written notice that testing is required.  Employees must be provided with copies of policies related to drug testing.  Employees must be given the opportunity to explain if they test positive.  Testing must be conducted with due regard for employee privacy.

 ADA  Requiring a medical exam needs to occur after a conditional offer of employment  If medical exams are conducted need to be conducted consistently not just for certain individuals.  The results of the medical exam cannot be used to deny employment to a disabled person unless that person is not able to perform essential functions of the job or pose a direct threat to themselves or others

 Use to determine the likelihood of a person to develop medical conditions  Provides medical benefit but also has the ability to misuse  Genetic Information Nondiscrimination Act (GINA) – prevents discrimination on the basis of genetic information for health insurance and employment

 Can employers use polygraph tests?  Employee Polygraph Protection Act

 Background checks are used to verify candidate information and to determine if any disqualifying factors exist.  Legal aspects ◦ Invasion of privacy, defamation of character ◦ Negligent hiring ◦ Good-faith references ◦ Fair Credit Reporting Act  Important to have a policy on background checks

 Employers are liable for harm to others that occur when employees act within scope of their employment.  Can occur if employer fails to conduct background check  The more sensitive the position and the greater the foreseeability of harm, the more extensive the background check should be.  Particularly important with jobs that involve working wit children, the elderly, mentally ill; jobs that involve security ad the use of firearms, transportation; jobs that involve access to people’s homes.

 Arrested vs. conviction  Possible adverse impact on some protected classes  Job-relatedness of prior convictions  Seriousness of convictions  Recency of convictions

 Defamation – false statements that reflect badly on a person.

 Should require that requests for references be accompanied by written release forms signed by the former employees  Verify the identities of persons seeking information about former employees  Not make conclusions whether former employees should be hired by prospective employers

 Limit who releases information to HR  Tell exiting employees what will be provided during reference checks  All information should be job-related  Do not provide unsolicited information  Train managers on the policy

 Be consistent  Document in objective manner  Obtain permission on the application form  Be careful not to overly interpret tone, silence  Check with a minimum of two  Ideally the interviewer should be the person obtaining the reference  Tell applicants that job offers will be contingent upon satisfactory reference

 Employers should document all efforts to obtain information on job candidates.  Employers should carefully consider whether to use credit histories in making employment decisions and not do so if there is not a strong business rationale  Attempt to corroborate answers

 Employers are responsible for verifying individuals hired have the legal right to work in the United States.  The Immigration Reform and Control Act  Employers must not knowingly hire or retain employees who are unauthorized aliens  Employers may not discriminate based on national origin or citizenship  When hiring new employees, employers must view documents and complete I-9’s which should be kept separate form personnel files and should be kept for 3 years.

 Any questions or anything to add?

 Happy Learning!