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Aspire – April 2012 EEO Compliance Kieffer Gaddis Human Resources. Class Objectives. Discuss concepts of Equal Employment Opportunity and Affirmative Action as they relate to recruitment and selection Introduce employment laws governing all recruitment and selection activities - PowerPoint PPT Presentation
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Aspire – April 2012EEO ComplianceKieffer GaddisHuman Resources
Class Objectives
Discuss concepts of Equal Employment Opportunity and Affirmative Action as they relate to recruitment and selection
Introduce employment laws governing all recruitment and selection activities
Provide understanding of University recruitment and selection procedures and responsibilities
Discuss employment preferences (AA, Veterans, Current State Employee-Promotional, RIF)
What is the goal of Recruitment and Selection?
To attract, identify, and select the candidate that most closely matches the job-related criteria for a specific position.
How do we achieve that objective?
What is Equal Employment Opportunity?
Public policy designed to assure fair and equitable treatment of all applicants and employees in the rendering of any personnel-related decisions
Personnel Decisions Affected
Recruitment and selection of new employees
Selection of current employees for promotion, transfer, demotion (for fiscal reasons), reduction-in-force, training, and career development opportunities
Establishment of pay rates (including salary adjustments and/or annual salary increases)
Performance evaluations Administration of disciplinary policies and/or
terminations for cause Benefits Administration (including leave)
How does EEO Compliance affect recruitment and selection?
Ensures that all candidates have an opportunity to compete for positions on an equitable basis
Requires all selection criteria to be job-related
Requires statistical demographic information to be collected on every applicant pool
What does UNC Charlotte do to ensure compliance?
Positions are posted with closing dates Centralized application process Preparing job-related selection criteria Preparing job-specific interview questions
prior to receipt of referred candidates Using work samples that accurately reflect
the skills currently used on the job Written documentation prepared justifying
applicant selection and non-selection
What is Affirmative Action?
Proactive efforts undertaken by an employer to assure equal employment opportunity in all personnel actions
Used to encourage diversity at every occupational level in the workplace
Most importantly: Not quota-based
Examples of Affirmative Action Efforts
Advertising language soliciting applications from minority groups (e.g.: Women, minorities, and persons with disabilities are encouraged to apply; EOE/AA)
Targeted advertising in media that is directed towards under-represented minority groups (e.g.: La Noticia, Charlotte Post)
On-going supervisory training
Employment Laws shaping EEO
Equal Pay Act of 1963 Title VII of the Civil
Rights Act of 1964 Executive Order 11246
(1965) Age Discrimination in
Employment Act (1967) Rehabilitation Act
(1973) Vietnam Veterans
Readjustment Act (1974)
Pregnancy Discrimination Act (1978)
Civil Service Reform Act (1978)
Immigration Control & Reform Act (1986)
Americans with Disabilities Act of 1990
Civil Rights Act of 1991 USERRA of 1994 Genetic Information
Nondiscrimination Act (2008)
Equal Pay Act of 1963
Prohibits gender discrimination in the payment of wages to individuals (working in the same establishment) who perform duties that require:
Equal skill (experience, ability, education) Equal effort (physical or mental exertion) Equal responsibility (degree of accountability) Equal working conditions (physical
environment, hazardous circumstances)
Title VII of the Civil Rights Act of 1964
• Prohibits employment discrimination based upon:
Race Gender Religious Beliefs or Practices National Origin
Executive Order 11246 (1965)
Requires affirmative action based upon gender, race, religion, and national origin
Requires posting of EEO notices Requires position advertisements to state:
‘Equal Opportunity Employer’ or ‘EOE’ Requires a written Affirmative Action plan
which includes goals and timetables Requires annual report to be filed with
DOL
Age Discrimination in Employment Act (1967)
Prohibits the use of a person’s age in the rendering of any employment decision
Includes age harassment Applies to apprenticeship programs, job
notices/advertisements, pre-employment inquiries, and benefits administration
Age 40 - ?
Vocational Rehabilitation Act (1973)
Prohibits employment discrimination against the disabled in institutions receiving federal funding
Requires affirmative action efforts/plans in the employment and advancement of the disabled
Invite persons with disabilities to apply for job listings
Must establish reasonable employment qualifications
Vietnam Veterans Readjustment Act (1974)
Requires listing of job openings with State employment services (ESC)
Applies to employers receiving federal funding
Applicants must be able to perform job duties with or without reasonable accommodations
Requires a written report to be submitted to State and Federal government
Pregnancy Discrimination Act (1978)
Established as an amendment to Title VII of the Civil Rights Act of 1964
Prohibits employment discrimination on the basis of pregnancy, childbirth, or any related medical conditions
Must receive same treatment as other applicants or employees based upon their ability or inability to perform required work assignments
Civil Service Reform Act (1978) Applies to federal applicants and employees Prohibits discrimination based upon an
attribute or conduct that does not adversely affect work performance
Marital status Political affiliation Sexual orientation ‘Whistle blowing’ or for exercising an
appeal, complaint, or grievance right
Immigration Reform & Control Act (1986)
Unlawful for employers to hire unauthorized aliens
Mandates record keeping procedures for all employees, including US citizens, regardless of the size of the employer
Requires I-9 verification to ensure proper work authorization
Prohibits employment discrimination based upon an employee’s national origin or citizenship status
Americans with Disabilities Act (1990)
Prohibits discrimination based upon disability in employment, public services, public accommodations, public transportation, and public telecommunications
Applies to both physical and mental impairments that substantially limit one or more major life activities
Applicants must have a record of past impairment or be regarded as having such impairment
Americans with Disabilities Act (cont.)
A qualified applicant or employee with a disability is an individual who can perform the essential job functions with or without reasonable accommodations
Reasonable accommodations may include: Making facilities readily accessible Job restructuring, modifying work schedules Acquiring/modifying equipment, adjusting
training materials, or providing qualified readers or interpreters
Civil Rights Act (1991)
Modified interpretation of original Civil Rights Act to include:
Jury trials Payment of attorney fees Monetary damages in cases of intentional
employment discrimination
Uniformed Services Employment and Reemployment Rights Act (1994)
Prohibits employment discrimination based upon an applicant’s or employee’s past, current, or future military obligations
Requires employers to grant unpaid leave of absence of up to five (5) years to any employee serving in ‘uniformed services’
Entitled to reinstatement to former position with same seniority and benefits
Cannot be terminated except for cause within one year of reemployment if served more than 180 days. If served 30 but less than 181 days, cannot be terminated except for cause within first 180 days
Genetic Information Nondiscrimination Act (2008)
Prohibits discrimination on the basis of genetic information with respect to eligibility for employment and health insurance.
Includes: an individual’s genetic tests; those of family members; family medical history; participation in clinical research; fetal or embryonic information (DNA, RNA, chromosomal, protein analysis, etc.)
Does not cover: information related to alcohol/drug screen results or to factors pertaining to gender or age.
Not relevant to ‘current’ ability to work Includes harassment based upon genetic information.
What is the role of HR in the Recruitment and Selection processes?
Advertise positions and accept applications
Screen and refer ‘best qualified’ candidates
Document non-referral rationale for others Review selection documentation and
prepare salary offer Maintain records and statistical data
What is the Supervisor’s role in the Recruitment and Selection processes?
Prepare job description that accurately reflects the duties and responsibilities, as well as, the knowledge, skills, and abilities (KSA’s) required of the position
Initiate recruitment activities with the submission of a recruitment requisition
Prepare selection criteria prior to receipt of referral group
Prepare interview questions based upon selection criteria
Treat each applicant equally Document hiring decision Maintain confidentialities
Interview Tips
Keep questions limited to job-related subjects Ask open-ended questions to encourage
communication (Tell me about…, Describe a situation where…, etc.)
Take notes Use work samples Don’t schedule too many interviews for the same day Seek contrary evidence Try to avoid sounding too positive during the
interview Treat all applicants equally
Employment Preferences
An individual possessing an employment preference should be offered a position over an individual without a preference if the individuals are otherwise equally qualified for the position
Preferences should be considered only after an evaluation of qualifications has been completed
Types of preferences: Affirmative Action Veteran’s Current State Employee Priority Re-employment (RIF)
Examples of Preferences
Affirmative Action-Used in underutilized areas Veteran’s-Applies to individuals who actively
served in the military during certain time periods. Also applies to individuals disabled during active duty, surviving spouses, and the dependents of individuals disabled or killed during active duty
Current State Employees-Applies in promotional situations
Priority Re-employment-Applies to reduction-in-force (RIF) candidates
Non-Selection Rationale
Selected candidate is more competitive with respect to the job-related criteria
Doesn’t articulate experience/qualifications as well as other candidates (communication skills)
Expresses less interest in position than other candidates
Weak performance in other positions Appears too negative towards current job
situation
HR Contacts
Kieffer Gaddis 0670 Tracy Worthey 0668 Robyn Flowers 0667
Herlicia Blakely 0669
Jeanne Madorin 0659
Cindy Edwards 0658
Paulette Douglas 0660