1. 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).
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2. 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

3. 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

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

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

6. Accessibility
Websites
Applications
Physical

7. 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

8. 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

9. 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

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

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

12. 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

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

14. 4 Common EEO/Diversity Danger Zones
Good/bad cultural fit
Overqualified
Too assertive/aggressive
Diversity

15. Thank you!