Tools for Successful Selection Job Application Forms

What Should be Included? Employers can ask anything that will help them make a better hiring decision –but burden of proof is on employer Job/organizational analysis should provide one basis for content Some questions are better after hiring Include a disclaimer/waiver

Developing Your Own Form All questions should be reviewed for: – job relevance –conformance with state laws Consider customized forms for different jobs

Using Application Data Traditional subjective approach Training and Experience Checklists Biodata approach (WABs, BIBs) –Information in application forms can be scored –Weighting formula can be used to create a score

Weighted Application Blanks Information on existing application blank is scored and relationship of each item to criterion is determined Only the relevant items are used (and weighted) to create WAB score

Biographical Information Blanks Biodata questionnaires are developed to measure demographics, experiences, interests, attitudes of applicant Broader, longer, and more “rational” than WABs Only items predicting job performance are included in final, weighted score

Tools for Successful Selection Background and Reference Checks

Basic Assumptions Past behavior is a good predictor of future behavior Employer has a responsibility to assess past behavioral problems

Negligent Hiring A violation of an employer’s common law duty to protect its employees and customers from injury by hiring an employee it knew (or should have known) posed a threat of risk.

Criteria for Negligent Hiring Broader than doctrine of respondeat superior –liable for employees’ actions committed in scope of employment Employer responsible for “foreseeable” consequences of hiring a person –even if reckless and beyond scope of employment –if employer knew or should have known of employees’ unfitness Greater risk of harm--> higher standard of care

Defamation of Character The offense of injuring a person’s character, fame, or reputation by false and malicious statements Slander - if spoken Libel - if written

Safe Reference Checking Obtain employee’s permission Have employee waive right to review Defense of truth Privileged communication –“[when] a duty [moral, social, legal] to speak and an interest to hear facts about anther's performance are relatively more important than an individual’s reputation”

Privileged Communication Must be in good faith Without malice By party in position to evaluate information Directed towards party with legitimate interests

Recent Legal Developments Many states are considering protections for good faith job references May increase likelihood of negligent hiring/negligent referral lawsuits if employers don’t check references

Negligent Referral Companies may be liable for not fully and truthfully disclosing knowledge about a past employee’s potential for causing harm

Recommendations -Reference Seekers Ask for only job-related information Obtain from knowledgeable source Document procedures & information Obtain written permission of applicant Check multiple references Verify negative information

Background and Criminal Investigations May be appropriate for high risk jobs Particularly to check for: –violent behavior –fraudulent behavior Informus Corporation is one exampleInformus Corporation Be sure you can defend necessity of information

Recommendations -Reference Providers Provide only job related information Have employees sign release Provide only documented information Have a written policy Provide only written references