1. Employment & The Law

2. Phan & Kleiner 6 Tips for Legal, Discrim-Free Hiring 1.Rethink your hiring practices 2.Screen applicants thoroughly 3.Update your interview procedures 4.Create application forms carefully 5.Test with caution 6.Seek help

3. Chapter 6 EEO/AA & the “Level Playing Field” Myths and Misconceptions – 1.You must hire based on quotas 2.You must hire the most qualified applicant 3.ALL employers are subject to EEO & AA 4.Equal Employment Opportunity and Affirmative Action are the same thing

4. Chapter 6 EEO/AA & the “Level Playing Field” What is Affirmative Action – Government Agencies Government Contractors Employers under court order Employer must work toward goals set in an annual Affirmative Action Plan. AA seeks to right past discrimination.

5. Chapter 6 Relevant Laws Civil Rights Acts 1866/1964/1991 Executive Order 11246 Equal Pay Act 1963 Age Discrimination in Employment Act 1967 Uniform Guidelines on Emp Selection 1978 Immigration Reform & Control Act 1986 Americans with Disabilities Act 1990

6. Chapter 6 The Impact of EEO/AA Modern recruiters must – 1.Make sure discrimination doesn’t occur 2.Review employment practices 3.Make sure job requirements are not arbitrary 4.Be aware of AA goals, if any 5.Educate others in the recruiting process 6.Document, document, document

7. Chapter 6 Avoiding Discrimination Charges Bona-Fide Occupational Qualifications – A BFOQ is a criterion that appears to be discriminatory, but can be justified by business necessity. Be careful, legit BFOQs are rare!

8. Chapter 6 Avoiding Discrimination Charges Guidelines – 1.Use uniform, objective, consistent criteria 2.Job relatedness 3.Match KSAs to to duties & specs 4.Look for “red flags” 5.Conduct reference checks 6.Think like a juror

9. Chapter 6 Avoiding Discrimination Charges What if you are sued – 1.Look for procedural flaws in complaint 2.Keep relevant files intact 3.Conduct a thorough investigation 4.Prepare an honest response 5.Prepare to mediate & settle 6.Prepare for an on-site inspection 7.Review pertinent policies and procedures