presented by Jonathan A. Segal, Esquire Talent Acquisition: Bridging the Law and Effective Practices* prepared for presented by Jonathan A. Segal, Esquire *No statements made in this seminar or in the PowerPoint or other materials should be construed as legal advice or as pertaining to specific factual situations. Further, participation in this seminar or any question and answer (during or after the seminar) does not establish an attorney-client relationship between Duane Morris LLP and any participant (or his or her employer). DM2/9992701.1

Diversity Mission benefits of diversity include, for example: Talent imperative Cognitive diversity—diversity of perspective General rules Cannot “set aside” a position based on gender, race or ethnicity Cannot give a “plus” to gender, race or ethnicity What can you do Increase diversity of applicant pool Value differences in experiences, perspectives, contacts, etc.in decision-making process

Job Descriptions-common mistakes Include percentages Failure to address Emotional stamina requirements (in addition to physical requirements) Exempt responsibilities/language Failure to make clear Will change over time Other tasks as assigned

Internal Posting Importance—sends message of inclusion Possible exceptions Examples Importance of documentation Careful of policy language

External Recruiting Word of mouth recruiting Diversifying external sources Targeted recruiting (supplement, not supplant, general recruiting)

Accessibility Websites Applications Physical

Whom to Interview General rule Only if meets minimum requirements Making and documenting exceptions Potential benefits of blind screening of resumes relative to implicit bias

Implicit Bias Implicit bias=unconscious bias Examples Affinity Contrast Be aware of potential for its existence so you can minimize legal and business risks of it occurring In particular, be aware of snap judgments Be more deliberate and less reflexive Reason interview is not 3 minutes

Interviewing Questions Benefits of starting out with uniform questions for position Different interviewers can have difference uniform questions Uniform questions are a starting point and not a stopping point

Impermissible/Problematic Interview Questions Examples Protected group status Family/parental status Personal questions

Impermissible/Problematic Interview Questions Focus on Salary History Legal background State and local laws Equal Pay Act and federal and state non-discrimination laws

Impermissible/Problematic Interview Questions Focus on Salary History General recommendations for consideration (even if no legal restriction per se) Don’t ask On application In interview Disclose ranges for positions Document basis for any exceptions (outside or range) Instructions for managers and 3rd party recruiters: How to handle voluntary disclosures

Permissible Questions Past experiences Current skills Ability to meet essential requirements Situational/behavioral

4 Common EEO/Diversity Danger Zones Good/bad cultural fit Overqualified Too assertive/aggressive Diversity

Thank you!