Poorly or improperly conducted job interviews may cause legal problems. Prior to stepping into any interview, be prepared!
During the job interview it is unlawful to ask questions that directly or indirectly seek to provide information about certain factors. The Human Rights Law prohibits employers from asking a candidate questions, directly or indirectly, about a candidate’s age, race, creed, color, national origin, sex, disability, genetic predisposition or carrier status, marital status or arrest record (unless based upon a bona fide occupational qualification). Below are some “do’s” and “don’ts” that may be helpful!
It is permissible to ask the candidate if he or she is legally eligible to work in the United States. Note: The EEOC Guidelines on Discrimination because of National Origin indicate that consideration of an applicant’s citizenship may constitute evidence of discrimination on the basis of national origin. The EEOC provides that, where consideration of citizenship has the purpose or effect of discriminating against persons of a particular nationality, a person who is a lawfully immigrated alien, legally eligible to work, may not be discriminated against on the basis of his or her citizenship.
It is not permissible to inquire as to the marital status, pregnancy, future child bearing plans, ability to reproduce, advocacy of any form of birth control or family planning, and number and age of children. (Information needed for health insurance and other purposes may be obtained if and when candidate is employed.) Title VII of the Civil Rights Act of 1964, as amended, makes it unlawful to ask candidates about child care arrangements.
It is permissible to state the requirements of the job in terms of work schedule, such as the days of the week, workday and overtime, and ask the candidate whether he or she is able to meet such requirements. The EEOC cautions against asking questions regarding a candidate’s availability to work on Friday evenings, Saturdays or holidays. Note: Title VII of the Civil Rights Act of 1964, as amended, and the Human Rights Law require employers and unions to accommodate the religious beliefs of employees and applicants, unless the accommodation would create an undue hardship.
The Americans with Disabilities Act prohibits employers from conducting medical examinations before an offer of employment has been made. Once a conditional offer of employment has been made, you can require an examination, provided all candidates offered employment in this job title are required to undergo a medical exam. Note: For further information regarding permissible and impermissible disability-related inquiries and medical examinations see EEOC Enforcement Guidance: Pre-employment Disability-Related Inquiries and Medical Examination under the Americans with Disabilities Act of 1990.
Not Permissible
• The EEOC has found that, unless justified by business necessity, it is unlawful to reject candidates based on poor credit ratings because this has a disparate impact on minority groups.
• Similarly, unless justified by business necessity, do not inquire into a candidate’s financial status, such as bankruptcy, car ownership, rental or ownership of a house, length of residence at an address, or past garnishment of wages, for the purpose of making employment decisions, as this may violate Title VII of the Civil Rights Act of 1964, and as amended. However, it is permissible to inquire as to a candidate’s credit or garnishment record, if bonding is a job requirement.
Before stepping into that interview, be prepared. Develop a list of interview questions that focus on the qualifications for the job - avoid personal questions.
Friday, January 28, 2011
Wednesday, January 26, 2011
HR as a Business Partner
Human Resource professionals have long been requesting a “seat at the table” when it comes to strategic and business planning. However, HR has a history of being viewed as an "overhead" department. Just an expense, like the electric bill, necessary to keep the business running. Oftentimes the HR department is understaffed or staffed by employees with little expertise in the field. “Top management frequently thinks that anyone, regardless of background and experience, can do HR management, as long as he or she has an IQ in at least the double digits. Consequently, whenever top management has an executive manager that is no longer useful, they will throw him over to the HR department-after all, what harm can he do there?”
Do I need to point out that HR reaches and impacts every department every day? Whether it be in sales, administration, customer service, or finance, HR is responsible for the entire “human resources” of the organization. HR recruits the employees, hires them and trains them. HR ensures that the best performers are retained to ensure profitability is maintained. HR provides the organization with the human “resources” necessary to successfully run the organization, thereby having a direct impact on the bottom line of the organization.
Break the Cycle.
Human Resources needs to be respected by upper management in order to be viewed as a true business partner and not an inefficient staff function. This respect has to be earned by being a high-performing department, demanding respect for its performance and expertise.
To be a business partner, Human Resources needs to be an active participant in running the organization. This can only be done by understanding the business goals of the organization and aligning with those goals. Human Resource departments are only taken seriously when their activities are related to bottom line results. The function of Human Resources is not only to help and take care of employees, but also to align the people with the strategic plans of the organization. The HR department and its functions must continue to evolve to meet the challenges of today’s business, technology, and workforce.
When this is done, Human Resources is truly a business partner.
Do I need to point out that HR reaches and impacts every department every day? Whether it be in sales, administration, customer service, or finance, HR is responsible for the entire “human resources” of the organization. HR recruits the employees, hires them and trains them. HR ensures that the best performers are retained to ensure profitability is maintained. HR provides the organization with the human “resources” necessary to successfully run the organization, thereby having a direct impact on the bottom line of the organization.
Break the Cycle.
Human Resources needs to be respected by upper management in order to be viewed as a true business partner and not an inefficient staff function. This respect has to be earned by being a high-performing department, demanding respect for its performance and expertise.
To be a business partner, Human Resources needs to be an active participant in running the organization. This can only be done by understanding the business goals of the organization and aligning with those goals. Human Resource departments are only taken seriously when their activities are related to bottom line results. The function of Human Resources is not only to help and take care of employees, but also to align the people with the strategic plans of the organization. The HR department and its functions must continue to evolve to meet the challenges of today’s business, technology, and workforce.
When this is done, Human Resources is truly a business partner.
Tuesday, January 25, 2011
Cell Phone Etiquette
With more than 200 million cell phones in the U.S., inconsiderate cell phone habits are turning into an epidemic. A lack of basic cell phone etiquette at the office, the dinner table, and in the car is frustrating Americans more than ever, according to research by online retailer LetsTalk.com.
Remember the old “reach out and touch somebody”? Well now you can. The invention of cell phones makes us available 24/7. I’m one of those people that you will only be able to pry my Blackberry out of my hand when I’m cold and dead. But, I do believe in basic cell phone etiquette. Nothing is more annoying than that person engaged in “cell yell” in a public place. Honestly, I don’t care to hear about how last nights dinner upset your stomach and the “end” result of that dinner. Social contract forbids such things as shouting intimate details into a piece of plastic in a room full of strangers.
I was recently asked if I would develop a memo for employees regarding basic cell phone etiquette. Why? Well, members of the executive staff attended a 2 hour class on emergency management training. One individual consistently accepted phone calls and held conversations during the course of the training. No, the individual did not step away from the table at which she was seated. As the room was “hushed” we were all privy to her conversations. I was seated at the next table during the training and was astounded that the individual didn’t understand that her actions violated basic courtesy.
Cell phone retailers all provide a list of cell phone courtesy rules. So, here’s a few for your consideration:
Excuse yourself before taking a call.
1. Observe the 10-foot Proximity Rule. Maintain a distance of at least 10-feet from the nearest person when talking on a cell phone. No matter how quietly you speak, if standing too close to others they are forced to overhear your personal business.
2. Use Common Sense. Turn off your phone before a job interview, presentation, or meeting. Leave it off at funerals, weddings, or any place a quiet atmosphere is mandated, such as a courthouse, library, museum, or place of worship. Whether mandated or not, taking a call is inappropriate and extremely annoying to those around you. People go to libraries to read, think, and study in silence and “is under attack by people who refuse to disconnect from the outside world. Does the word SSSSHHHHH mean nothing to you? Take the call outside, before someone throws “War and Peace” or Stephen King’s “It” at your head.” To practice good cell phone etiquette, put the ringer on vibrate or silent mode and let the call roll over to voice mail. If it's an important call, step outside or to a secluded area to return the call. If that's not possible and you must take the call, keep your voice low and the conversation brief. Let the caller know you'll get back to them when you're able.
3. Change the ring tones on your phone to match the environment you are in. Use a loud ring for outdoors – but inside, use silent or vibrating options.
4. Give your client or associate your full attention. If you're serious about your business, you need to treat your clients and associates with respect. Good business cell phone etiquette requires you turn off your phone (and remove your earbud) while you are in your meeting. If you need to be aware of any calls you receive, switching your phone to vibrate is acceptable only if it is silent and doesn't call attention when it rings and is hidden from sight.
There’s a lot of debate about cell phone etiquette and the turf battles aren’t settled yet. . . .
Remember the old “reach out and touch somebody”? Well now you can. The invention of cell phones makes us available 24/7. I’m one of those people that you will only be able to pry my Blackberry out of my hand when I’m cold and dead. But, I do believe in basic cell phone etiquette. Nothing is more annoying than that person engaged in “cell yell” in a public place. Honestly, I don’t care to hear about how last nights dinner upset your stomach and the “end” result of that dinner. Social contract forbids such things as shouting intimate details into a piece of plastic in a room full of strangers.
I was recently asked if I would develop a memo for employees regarding basic cell phone etiquette. Why? Well, members of the executive staff attended a 2 hour class on emergency management training. One individual consistently accepted phone calls and held conversations during the course of the training. No, the individual did not step away from the table at which she was seated. As the room was “hushed” we were all privy to her conversations. I was seated at the next table during the training and was astounded that the individual didn’t understand that her actions violated basic courtesy.
Cell phone retailers all provide a list of cell phone courtesy rules. So, here’s a few for your consideration:
Excuse yourself before taking a call.
1. Observe the 10-foot Proximity Rule. Maintain a distance of at least 10-feet from the nearest person when talking on a cell phone. No matter how quietly you speak, if standing too close to others they are forced to overhear your personal business.
2. Use Common Sense. Turn off your phone before a job interview, presentation, or meeting. Leave it off at funerals, weddings, or any place a quiet atmosphere is mandated, such as a courthouse, library, museum, or place of worship. Whether mandated or not, taking a call is inappropriate and extremely annoying to those around you. People go to libraries to read, think, and study in silence and “is under attack by people who refuse to disconnect from the outside world. Does the word SSSSHHHHH mean nothing to you? Take the call outside, before someone throws “War and Peace” or Stephen King’s “It” at your head.” To practice good cell phone etiquette, put the ringer on vibrate or silent mode and let the call roll over to voice mail. If it's an important call, step outside or to a secluded area to return the call. If that's not possible and you must take the call, keep your voice low and the conversation brief. Let the caller know you'll get back to them when you're able.
3. Change the ring tones on your phone to match the environment you are in. Use a loud ring for outdoors – but inside, use silent or vibrating options.
4. Give your client or associate your full attention. If you're serious about your business, you need to treat your clients and associates with respect. Good business cell phone etiquette requires you turn off your phone (and remove your earbud) while you are in your meeting. If you need to be aware of any calls you receive, switching your phone to vibrate is acceptable only if it is silent and doesn't call attention when it rings and is hidden from sight.
There’s a lot of debate about cell phone etiquette and the turf battles aren’t settled yet. . . .
Thursday, January 20, 2011
Genetic Information Nondiscrimination Act (GINA)
Almost a year after the GINA statute took effect, the EEOC has at long last issued final regulations to implement the law.
The Genetic Information Nondiscrimination Act (GINA) final regulations took effect last week, on January 10, over a year after the law itself began protecting individuals from genetic information discrimination in the workplace. The final regulations largely adopt the requirements of the proposed regulations, but they do include some noteworthy additions such as a new notice requirement and expanded definitions for genetic information and testing. (This article is excerpted from the December 2010 HR Matters monthly newsletter.)
Employment Discrimination Protections and Definitions
The GINA, like Title VII of the Civil Rights Act and the Americans with Disabilities Act (ADA), applies to employers with 15 or more employees. It prohibits covered employers from refusing to hire an applicant, or from discriminating against any employee, with respect to the compensation, terms, conditions, or privileges of employment because of “genetic information.” It also prohibits retaliation against any individual who has opposed any unlawful act under the GINA or because an individual has participated in any investigation, hearing, or proceeding under the law. Further, comments to the final regulations indicate that the EEOC considers the GINA to prohibit harassment based on genetic information.
“Genetic information” is defined to mean, with respect to any individual, information about the individual’s genetic tests, the genetic tests of family members of the individual, and the manifestation of a disease or disorder in family members of the individual. The term also includes a request for or receipt of genetic services (such as genetic tests and genetic counseling) or participation in clinical research involving genetic services. The term does not include information about the individual’s sex or age or about race or ethnicity if the information is not derived from a genetic test.
“Family member” is defined by the Act to include a dependent of the individual, which according to the final regulations includes any person who is a dependent of the individual because of marriage, birth, adoption, or placement for adoption. Further, family members include “any other individual who is a first-degree, second-degree, third-degree, or fourth-degree relative” of the employee or applicant. Although the Act does not define these terms, the final regulations do. A first-degree relative includes parents, siblings, and children; a second-degree relative includes half-siblings, grandparents, grandchildren, aunts, uncles, nephews, and nieces; a third-degree relative includes first cousins, great-grandparents, great-grandchildren, and great uncles and aunts; and a fourth-degree relative includes great-great grandparents, great-great grandchildren, and first cousins once-removed.
“Genetic test” is defined by the Act to mean an analysis of human DNA, RNA, chromosomes, proteins, or metabolites that detects genotypes, mutations, or chromosomal changes. The final regulations give several examples of genetic testing including a test to determine if someone has the BRCA1 or BRCA2 variant evidencing a predisposition to breast cancer.
Testing that is not considered genetic testing includes a medical examination that tests for the presence of a virus that is not composed of human DNA, RNA, chromosomes, proteins, or metabolites; a test for infectious and communicable diseases that may be transmitted through food handling; and complete blood counts, cholesterol tests, and liver-function tests. The final regulations also clarify that testing to determine the presence of alcohol or drugs is not a genetic test, although a test to determine an individual’s predisposition to alcoholism or drug use is.
The Genetic Information Nondiscrimination Act (GINA) final regulations took effect last week, on January 10, over a year after the law itself began protecting individuals from genetic information discrimination in the workplace. The final regulations largely adopt the requirements of the proposed regulations, but they do include some noteworthy additions such as a new notice requirement and expanded definitions for genetic information and testing. (This article is excerpted from the December 2010 HR Matters monthly newsletter.)
Employment Discrimination Protections and Definitions
The GINA, like Title VII of the Civil Rights Act and the Americans with Disabilities Act (ADA), applies to employers with 15 or more employees. It prohibits covered employers from refusing to hire an applicant, or from discriminating against any employee, with respect to the compensation, terms, conditions, or privileges of employment because of “genetic information.” It also prohibits retaliation against any individual who has opposed any unlawful act under the GINA or because an individual has participated in any investigation, hearing, or proceeding under the law. Further, comments to the final regulations indicate that the EEOC considers the GINA to prohibit harassment based on genetic information.
“Genetic information” is defined to mean, with respect to any individual, information about the individual’s genetic tests, the genetic tests of family members of the individual, and the manifestation of a disease or disorder in family members of the individual. The term also includes a request for or receipt of genetic services (such as genetic tests and genetic counseling) or participation in clinical research involving genetic services. The term does not include information about the individual’s sex or age or about race or ethnicity if the information is not derived from a genetic test.
“Family member” is defined by the Act to include a dependent of the individual, which according to the final regulations includes any person who is a dependent of the individual because of marriage, birth, adoption, or placement for adoption. Further, family members include “any other individual who is a first-degree, second-degree, third-degree, or fourth-degree relative” of the employee or applicant. Although the Act does not define these terms, the final regulations do. A first-degree relative includes parents, siblings, and children; a second-degree relative includes half-siblings, grandparents, grandchildren, aunts, uncles, nephews, and nieces; a third-degree relative includes first cousins, great-grandparents, great-grandchildren, and great uncles and aunts; and a fourth-degree relative includes great-great grandparents, great-great grandchildren, and first cousins once-removed.
“Genetic test” is defined by the Act to mean an analysis of human DNA, RNA, chromosomes, proteins, or metabolites that detects genotypes, mutations, or chromosomal changes. The final regulations give several examples of genetic testing including a test to determine if someone has the BRCA1 or BRCA2 variant evidencing a predisposition to breast cancer.
Testing that is not considered genetic testing includes a medical examination that tests for the presence of a virus that is not composed of human DNA, RNA, chromosomes, proteins, or metabolites; a test for infectious and communicable diseases that may be transmitted through food handling; and complete blood counts, cholesterol tests, and liver-function tests. The final regulations also clarify that testing to determine the presence of alcohol or drugs is not a genetic test, although a test to determine an individual’s predisposition to alcoholism or drug use is.
Tuesday, January 18, 2011
Leadership Honesty & Integrity
We live in an era where many people look at integrity as an option, rather than a bedrock foundation stone.” Everyone knows right from wrong. Right? Wrong. People disagree about the definition of right and wrong all the time. Remember Enron? Yeah, thought so.
At Enron, the problem started at the top. Enron was an organization in which the executives surrounded themselves with “yes” men/women. Did the culture allow people to suggest alternatives or allow dissent? Probably not. Those employees were probably berated and criticized for not being “team players.” As employees, you’re told to be diligent, to follow through, to be “self-starters,” to have a good attitude, to be flexible and patient and dependable and loyal and respectful. You’re told there is no “I” in “team.” You’re told, “You should just be grateful you have a job.”
I was raised in the belief that honesty is the best policy. But in business, oftentimes that value is overlooked. But the lack of integrity, and honesty, can have a significant impact on business. From a customer standpoint, customers will simply not consider a company that shows any less than the highest level of integrity. That’s a direct impact to the bottom-line. What do you do when you create a reputation that is so ill that potential employees won’t consider working for you?
Let’s focus on the impact to the workforce. A leader must be truthful and honest when interacting with subordinates, as well as others in an organization. Honesty is the precursor to trust. Once a leader is perceived to be dishonest, he/she are also thought to be untrustworthy. The only types of individuals that would place trust in a dishonest person are those individuals that are dishonest. What some employers don’t seem to understand is that in the business world, honesty truly is the best policy. Even lying with the best possible intention can result in compromised credibility, questioned integrity, and negatively impacted business success with employees and clients alike. Avoid the counter-productivity of excuses, blame, not meeting commitments or keeping promises.
When you move into a leadership position, assume that people will think you are a little dishonest. In order to be seen as an honest individual, you will have to go out of your way to display honesty. People will not assume you are honest simply because you have never been caught lying. Trust is the essence of integrity. Without trust you cannot have integrity. In an organization, a leader that is not trusted by their subordinates in essence is not a true leader. He/she may be ambitious and competent, but without trust cannot have integrity and will fail as a leader.
Remember, credibility and integrity begins at the top with the organization leader.
At Enron, the problem started at the top. Enron was an organization in which the executives surrounded themselves with “yes” men/women. Did the culture allow people to suggest alternatives or allow dissent? Probably not. Those employees were probably berated and criticized for not being “team players.” As employees, you’re told to be diligent, to follow through, to be “self-starters,” to have a good attitude, to be flexible and patient and dependable and loyal and respectful. You’re told there is no “I” in “team.” You’re told, “You should just be grateful you have a job.”
I was raised in the belief that honesty is the best policy. But in business, oftentimes that value is overlooked. But the lack of integrity, and honesty, can have a significant impact on business. From a customer standpoint, customers will simply not consider a company that shows any less than the highest level of integrity. That’s a direct impact to the bottom-line. What do you do when you create a reputation that is so ill that potential employees won’t consider working for you?
Let’s focus on the impact to the workforce. A leader must be truthful and honest when interacting with subordinates, as well as others in an organization. Honesty is the precursor to trust. Once a leader is perceived to be dishonest, he/she are also thought to be untrustworthy. The only types of individuals that would place trust in a dishonest person are those individuals that are dishonest. What some employers don’t seem to understand is that in the business world, honesty truly is the best policy. Even lying with the best possible intention can result in compromised credibility, questioned integrity, and negatively impacted business success with employees and clients alike. Avoid the counter-productivity of excuses, blame, not meeting commitments or keeping promises.
When you move into a leadership position, assume that people will think you are a little dishonest. In order to be seen as an honest individual, you will have to go out of your way to display honesty. People will not assume you are honest simply because you have never been caught lying. Trust is the essence of integrity. Without trust you cannot have integrity. In an organization, a leader that is not trusted by their subordinates in essence is not a true leader. He/she may be ambitious and competent, but without trust cannot have integrity and will fail as a leader.
Remember, credibility and integrity begins at the top with the organization leader.
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