INTERVIEWS, EVALUATIONS & DISCIPLINE Hope Curtis Hicks Webb & Eley, P.C. Post Office Box 240909 Montgomery, Alabama 36124 (334) 262-1850 hhicks@webbeley.com

INTERVIEWS

Inappropriate Question Inquiry Area Inappropriate Question Appropriate Question National Origin Are you a U.S. citizen? Are you authorized to work in the U.S.? What is your native language? What language do speak/write fluently? (Note: these abilities need to be relevant to the performance of the job.) Age How old are you? Are you over the age of 18 (or 19)? Race You should not ask any question that relates to race or color e.g. What race are you?   Have you ever been arrested? Have you ever been convicted of a crime? (Note: the better course would be to ask about convictions of certain classes of crimes that are particularly relevant to the position. These questions can be discriminatory because some minorities have higher rates of arrests and convictions than others.) Gender What are your plans regarding having children? Are you married, divorced or single? Do you mind having a male/female supervisor? Religion What church do you attend? Do you have any problems with our work schedule? (Note: employers are obligated under Title VII to accommodate an employee’s reasonable request for religious accommodation.) What religious holidays do you observe? Disabilities How many days were you sick last year? How many days were you absent from work last year? How is your and your families’ health? As part of the hiring process, after a job offer has been made, you will be required to undergo a medical exam. (Note: an employer should keep results confidential). Have you ever completed any drug rehabilitation programs? Are you currently using illegal drugs? Do you have any disabilities? Are you able to perform the essential functions of this job, e.g. lifting requirements? (Note: the interviewer should have already thoroughly described any physical requirements of the job.)

Interviewing the Candidates Before the Interview: Do you have a current job description? Have you advertised the job appropriately? Have you determined how the successful candidate will be selected?

Interviewing the Candidate Evaluation System Standard Evaluation Form Use of subjective criteria are acceptable as long as they are clearly articulated. Energy Enthusiasm Cooperative Motivated Personable/”Fit In.”

Interviewing the Candidate Evaluation System - continued Must be able to describe how a candidate did/did not meet subjective criteria. Sue maintained good eye contact during interview, and her voice and gestures were animated. Bob yawned, mumbled, and stared at his shoes.

Interviewing the Candidate Evaluation System - continued Steve made an obvious effort to engage each person he met both professionally and personally. While touring the facility, he asked pertinent questions about each person’s job duties. Michelle was clearly uninterested in those persons who she would not be directly supervising.

Interviewing the Candidate Conducting the Interview Do not ask questions alluding to a person’s age, race, sex (including gender!), national origin, color, religion, disability, genetic condition or previous litigation history.

EVALUATIONS

Performance Appraisals Performance appraisals are an ongoing process of communication, feedback, evaluation and review, not a one-time effort.

Performance reviews Performance reviews benefit everyone. Employees benefit from the review process because they understand what the goals of the department are, where they fit into the department, and what is expected of them. Employees need to know, “How am I doing?”

Accurate Performance Appraisals Accurate performance appraisals benefit the County in assessing promotions, disciplinary actions and terminations. They also are beneficial if claims are filed.

Proper Way to Complete an Appraisal Review performance for the entire review period: do not base your judgment on recent events or isolated incidents. Maintain records of significant performance events which should be shared with the employee as they occur.

Proper Way to Complete an Appraisal - continued Appraise performance and not personality. Comments should relate only to the person’s ability to do the assigned work.

Proper Way to Complete an Appraisal - continued Avoid the tendency to overate performance with Excellent/Outstanding. Prepare the appraisal in terms of actual performance on the basis of facts and records so that the employee can be shown how well he/she is doing in the position, where the strengths lie, and develop a plan that enhances the employee’s professional growth and skills or what areas need development and how those areas can be improved.

Proper Way to Complete an Appraisal - continued To facilitate communication and clarify expectations, Supervisors should always sit down with the employee to discuss the appraisal. Supervisors are responsible for developing position responsibilities and expectations; every effort should be made to include the employee in this process.

Proper Way to Complete an Appraisal - continued ALL SECTIONS OF THE PERFORMANCE APPRAISAL MUST BE FILLED OUT. There should be comments in every box that illustrate why the supervisor issued each rating. Regardless of the rating, document goals to achieve for each objective.

Discipline

Progressive Discipline Procedures In cases where an employee displays inappropriate conduct or poor performance, and the activity does not call for automatic termination, many employers follow a progressive discipline process. This is a system that consists of corrective action, documentation and adverse action.

The steps of progressive discipline may include: Employee Counseling The first step is usually an employee counseling from the supervisor with the employee to identify the problem and to state the corrective action needed. The supervisor documents this step including dates, times and details of incidents of improper conduct or poor performance and the date the employee counseling was given. The documentation should be placed in the employee's personnel file. The employee may submit a separate written statement for the file, if desired.

The of progressive steps discipline may include: Written Warning The second step in the process is usually a written warning with specific examples cited. The supervisor prepares a letter or memo that states a specific time frame in which the employee must improve and gives the consequences of failure to improve. Prior to issuing the letter, the supervisor should review it with his or her manager or director. A copy of the letter should be placed in the employee's personnel file. The employee may submit a separate written statement for the file, if desired.

The of progressive steps discipline may include: Adverse Action If attempts at corrective action fail to produce satisfactory results, some form of adverse action may be taken. The term "adverse action" means action involving suspension, involuntary demotion, or termination. Before any adverse action becomes effective, the supervisor should obtain the written approval from the appropriate manager or director.

Types of Adverse Action Administrative Leave with Pay Suspensions without Pay Involuntary Demotions Terminations CONSULT YOUR PERSONNEL POLICIES REGARDING PROCEDURES AND GROUNDS FOR ANY TYPE OF DISCIPLINARY ACTION!!! DOCUMENT, DOCUMENT, DOCUMENT – if it is not documents, it did not happen. Be sure that policies include language that list of potential actions or inactions is not all-inclusive.