The following are factors that managers should take into consideration before choosing and using tests in the recruitment process:
Selection on a Case-by-Case Basis
The requirements for each job vary, and managers should consider that before they decide which tests to use in candidate assessments. For instance, candidates interviewing for a position in the police force would need observation and cognitive tests more than they would need personality tests. Conducting Job Requirement Analysis before commencing the testing process is the best way to ensure a fair and relevant testing process.
Adherence to Non-Discrimination Laws
According to the Equal Employment Opportunity Act, employers should not discriminate against employees based on race, age, gender, religion, or physical disability. Managers should only utilize tests that conform to this law during the recruitment process. Remember, managers must be able to justify the dismissal of employees based on the process in a court of law should the need arise.
Reliability and Validity
A test is determined to be reliable if a potential employee can get the same results after taking the test over and over again (Stanley, 2004). For a test to be suitable for the employee selection process, it must be reliable and valid. A valid test is one that is recognized by a significant number of institutions. Furthermore, managers should use tests that are relevant to the post in question.
Choosing the right employees for an organization requires a rigorous and practical selection process. Managers should ensure that they pick the proper tests to administer during employee testing procedures to get the best results. The more suitable the candidates to the company, the better the firm can perform, and the less likely that employees will leave the firm.
It is illegal for an employer to discriminate against an employee in the payment of wages or employee benefits on the basis of race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information. Employee benefits include sick and vacation leave, insurance, access to overtime as well as overtime pay, and retirement programs. For example, an employer may not pay Hispanic workers less than African American workers because of their national origin, and men and women in the same workplace must be given equal pay for equal work.
In some situations, an employer may be allowed to reduce some employee benefits for older workers, but only if the cost of providing the reduced benefits is the same as the cost of providing benefits to younger workers.
Discipline & Discharge
An employer may not consider a person’s race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information when making decisions about discipline or discharge. For example, if two employees commit a similar offense, an employer may not discipline them differently because of their race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.
When deciding which employees will be laid off, an employer may not choose the oldest workers because of their age.
Employers also may not discriminate when deciding which workers to recall after a layoff.
Employment References
It is illegal for an employer to give a negative or false employment reference (or refuse to give a reference) because of a person’s race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.
Reasonable Accommodation & Disability
The law requires that an employer provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer.
A reasonable accommodation is any change in the workplace (or in the ways things are usually done) to help a person with a disability apply for a job, perform the duties of a job, or enjoy the benefits and privileges of employment.
Reasonable accommodation might include, for example, providing a ramp for a wheelchair user or providing a reader or interpreter for a blind or deaf employee or applicant.
Reasonable Accommodation & Religion
The law requires an employer to reasonably accommodate an employee’s religious beliefs or practices unless doing so would cause difficulty or expense for the employer. This means an employer may have to make reasonable adjustments at work that will allow the employee to practice his or her religion, such as allowing an employee to voluntarily swap shifts with a co-worker so that he or she can attend religious services.
Training & Apprenticeship Programs
It is illegal for a training or an apprenticeship program to discriminate on the basis of race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability, or genetic information. For example, an employer may not deny training opportunities to African American employees because of their race.
In some situations, an employer may be allowed to set age limits for participation in an apprenticeship program.
Harassment
It is illegal to harass an employee because of race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.
It is also illegal to harass someone because they have complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
Harassment can take the form of slurs, graffiti, offensive or derogatory comments, or other verbal or physical conduct. Sexual harassment (including unwelcome sexual advances, requests for sexual favors, and other conduct of a sexual nature) is also unlawful. Although the law does not prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal if it is so frequent or severe that it creates a hostile or offensive work environment or if it results in an adverse employment decision (such as the victim being fired or demoted).
The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.
Harassment outside of the workplace may also be illegal if there is a link with the workplace. For example, if a supervisor harasses an employee while driving the employee to a meeting.
Terms & Conditions of Employment
The law makes it illegal for an employer to make any employment decision because of a person’s race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information. That means an employer may not discriminate when it comes to such things as hiring, firing, promotions, and pay. It also means an employer may not discriminate, for example, when granting breaks, approving leave, assigning workstations, or setting any other term or condition of employment – however small.
Pre-Employment Inquiries(General)
As a rule, the information obtained and requested through the pre-employment process should be limited to those essential for determining if a person is qualified for the job; whereas, information regarding race, sex, national origin, age, and religion are irrelevant in such determinations.
Employers are explicitly prohibited from making pre-offer inquiries about disability.
Although state and federal equal opportunity laws do not clearly forbid employers from making pre-employment inquiries that relate to, or disproportionately screen out members based on race, color, sex, national origin, religion, or age, such inquiries may be used as evidence of an employer’s intent to discriminate unless the questions asked can be justified by some business purpose.
Therefore, inquiries about organizations, clubs, societies, and lodges of which an applicant may be a member or any other questions, which may indicate the applicant’s race, sex, national origin, disability status, age, religion, color or ancestry if answered, should generally be avoided.
Similarly, employers should not ask for a photograph of an applicant. If needed for identification purposes, a photograph may be obtained after an offer of employment is made and accepted.
While many agencies enforce laws and regulations related to talent acquisition, the United States Equal Employment Opportunity Commission (EEOC)is the primary agency charged with investigating and enforcing many of the laws previously discussed. The EEOC provides a comprehensive list of prohibited employment policies and practices which are outlined below:
Under the laws enforced by EEOC, it is illegal to discriminate against someone (applicant or employee) because of that person’s race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to retaliate against a person because he or she complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law forbids discrimination in every aspect of employment.
The laws enforced by EEOC prohibit an employer or other covered entity from using neutral employment policies and practices that have a disproportionately negative effect on applicants or employees of a particular race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), or national origin, or on an individual with a disability or class of individuals with disabilities, if the policies or practices at issue are not job-related and necessary to the operation of the business. The laws enforced by EEOC also prohibit an employer from using neutral employment policies and practices that have a disproportionately negative impact on applicants or employees age 40 or older, if the policies or practices at issue are not based on a reasonable factor other than age.
Job Advertisements
It is illegal for an employer to publish a job advertisement that shows a preference for or discourages someone from applying for a job because of his or her race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.
For example, a help-wanted ad that seeks “females” or “recent college graduates” may discourage men and people over 40 from applying and may violate the law.
Recruitment
It is also illegal for an employer to recruit new employees in a way that discriminates against them because of their race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.
For example, an employer’s reliance on word-of-mouth recruitment by its mostly Hispanic workforce may violate the law if the result is that almost all new hires are Hispanic.
Application & Hiring
It is illegal for an employer to discriminate against a job applicant because of his or her race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information. For example, an employer may not refuse to give employment applications to people of a certain race.
An employer may not base hiring decisions on stereotypes and assumptions about a person’s race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.
If an employer requires job applicants to take a test, the test must be necessary and related to the job, and the employer may not exclude people of a particular race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, or individuals with disabilities. In addition, the employer may not use a test that excludes applicants age 40 or older if the test is not based on a reasonable factor other than age.
If a job applicant with a disability needs an accommodation (such as a sign language interpreter) to apply for a job, the employer is required to provide the accommodation, so long as the accommodation does not cause the employer significant difficulty or expense.
Background Checks
See “Pre-Employment Inquiries” in part two.
Job Referrals
It is illegal for an employer, employment agency or union to consider a person’s race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information when making decisions about job referrals.
Job Assignments & Promotions
It is illegal for an employer to make decisions about job assignments and promotions based on an employee’s race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information. For example, an employer may not give preference to employees of a certain race when making shift assignments and may not segregate employees of a particular national origin from other employees or from customers.
An employer may not base assignment and promotion decisions on stereotypes and assumptions about a person’s race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.
If an employer requires employees to take a test before making decisions about assignments or promotions, the test may not exclude people of a particular race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), or national origin, or individuals with disabilities, unless the employer can show that the test is necessary and related to the job. In addition, the employer may not use a test that excludes employees age 40 or older if the test is not based on a reasonable factor other than age.
** In 2018, the DOL paused this guidance. We are still waiting for a replacement. Until then, this is what we have to work with. Just keep that in mind as you enjoy this program.**
Finding and tapping into the potential innovation in your company can lead to your company having a competitive edge in Business. HR professionals play a part in nurturing a company’s ability to innovate. How can they do so? There are steps that companies have found successful in creating an environment of innovation.
All aboard – For employees to able to tap into their innovative side, they must understand what innovation means to their organization as well as how it contributes to the success of the company and the part they play.
Skills that “inspire” motivation – While most companies focus on hard skills when hiring, it is the soft skills that inspire innovation. Innovation is a skill that cannot be taught. Therefore, a company should focus on this skill when hiring.
Is your space conducive? – Is your company set up to foster innovation among your employees? Are they able to step away from their workstation when inspiration strikes? If not, you could be hindering your employees from giving you their best.
Time – It takes time when it comes to innovation. Allow your employees the time needed to nurture their innovations.
Guidance – The leaders in your company must be on board when it comes to nurturing your employees’ creativity. Be sure that they are taught the skills necessary to support your company’s objectives when it comes to innovation.
Open minds – Does your company’s environment allow for an interchange of ideas? Do you encourage all members to contribute their thoughts? If not, you could be missing out on the next big idea!
Open borders – Innovation often requires a concerted effort. This will require that employees are allowed to engage with each other to share ideas.
What did you learn? – Share stories that convey who your organization is. Tell the stories that led to successes, and what was done to achieve those successes? But also share stories of failures; what was learned from your failures? Employees can learn from both what was done right, and what wasn’t.
Accountability – Your employees will want to focus on what you are focused on. So another way to foster innovation in your company is by praising your employees for their innovation. Acknowledge their efforts when it is time to evaluate them.
Several studies have shown that companies that have become more proficient in innovation have invested substantially in training and development programs. This allows employees to develop their creativity and their problem-solving skills, becoming better at acclimated to changes and being more resilient. (HR trends: Stimulating innovation through training and development, n.d.). If passion fuels creativity, it becomes necessary to direct your attention to sharpening your employee’s capabilities so that they are able to reach their maximum potential and creativity. A lack of such action is how employees become disengaged from any organization. They do not feel valued because their talents and strengths are not being used by their employer; thus becoming bored, constantly feeling tired. It is up to the employer to encourage an attitude of continuous learning, creative thinking, and increased innovation. This will result in an increased chance of retaining quality, committed people, and creating an engaging workplace (Plano, n.d.).
External recruitment sources refer to a recruitment and hiring process where the hiring manager has no prior knowledge or experience with the candidates. Re-hiring former employees also falls under external recruitment sourcing as the affiliation between the organization and the employee would have been non-existent at the time of recruitment.
Effective strategies for external recruitment include:
Job Postings
Advertising on print is a convenient way for organizations to expose the position to a wide pool of candidates. Organizations can also promote the job postings online with their websites, via social media, and on industry-specific recruitment boards. Job postings typically state the requirements for the vacancy in question as well as a means to communicate with the firm if one is interested.
Online Hiring
The job market is becoming more globalized and unconventional every day. Some organizations forego traditional hiring methods, instead hiring virtual employees and outsourcing. This method allows firms to hire and manage employees without being in the same space. Workers in such an environment use methods such as telecommunication and job sharing to streamline and complete tasks appointed to them.
College Recruitment
When there is significant competition for talent within an industry, organizations can participate in college career fairs to recruit college graduates who will be entering the workforce.
External recruitment sources, like internal sources, have advantages and disadvantages. They can be time-consuming, expensive, and laborious. However, bringing in external talent sponsors a fresh perspective to organizational policies, procedures, and processes. This fresh perspective promotes organizational change and innovation. Organizations should be aware of different recruitment sources and strategies, as well as their needs, before settling on any of these alternatives.
Once an organization understands who they are trying to recruit, they can then determine how to find candidates. This can be done by looking internally within the organization or externally from the available labor pool, both of which have their advantages and disadvantages. In making this decision, it is vital to evaluate the company culture, the scope of the job being advertised, and the need for stability or the need for new ideas.
Internal Sources
Filling a position from an internal source can beneficial to the morale of the organization. Further, employees within the organization make for a good pool of candidates, especially when an organization invests in its employees. When internal candidates are hired, there is already an understanding of their work ethic, knowledge, strengths, and areas of growth. Also, the candidate is already familiar with the work environment and the operations of the organization. This allows for a shorter transition period, minimal downtime, and continuity of operations. In addition to the impact on morale and operations, internal recruitment is also cost and time effective. Effective sources for internal recruitment include:
Job Postings
Job postings give current employees the ability to respond to announcements of open positions within the organization. When posting a position, it should include a brief description of the position, primary job functions, and minimum qualifications. This allows employees an equal opportunity to apply for positions that they meet the minimum requirements of. Many organizations publicize job openings using internal memos and informal communication. Once the posting is distributed, employees can apply for the position to receive consideration.
Job Bidding
Job bidding allows employees to express interest in positions they are qualified for before the position becomes available. Once reviewed to determine if the employee meets the qualifications of the position, the employee is then placed into a tracking system and will automatically be considered for the position when it becomes available.
Employee Referrals/Recommendations
Referrals and recommendations are popular, informal ways of securing employees for new jobs during the recruitment process. This is generally seen when a mid-level manager recommends a subordinate to fill a particular position. With this method, they are generally familiar with the needs of the position and will recommend individuals who will fit.
Internal recruitment sources are convenient and efficient sources of labor when an organization desires to increase production, save on costs, and retain its culture. However, promoting internally can result in the “we’ve always done it that way” mentality, reducing creativity and innovation.
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