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Employment Law and Hiring Discrimination

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Aimee Embree

on 18 March 2015

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Transcript of Employment Law and Hiring Discrimination

Employment Law and Hiring Discrimination

The laws are here to protect you, the employer is responsible for following them
1. Prepare and know your rights

The Equal Employment Opportunity laws in this link provide all the details you need.

http://www.eeoc.gov/facts/qanda.html

2. Research your employer

Be sure you understand what might be required for the job

3. Practice

Run through various questions, be prepared to identify illegal or inappropriate questions

How to 'Answer it':
Letting the interviewer know that the question was illegal:
Conclusion
Learning Objectives
After today's discussion, you will be able to :
Understand the types of employer pre-screening activities and how that information may be used to make hiring decisions
Identify and understand legal/illegal hiring practices and questions and how to address inappropriate questions during an interview.
Understand how social media can impact the hiring decision and what employers might use or access
Demonstrate understanding of rights and responsibilities under employment law.
Social Media
The number of employers accessing social media sites to research candidates is slowly rising each year from:
36 percent in 2012,
39 percent in 2013
43 percent in 2014.

More than half of employers have stumbled across content that made them pass on the candidate.
up from 43 percent in 2013
Google
Searching a potential employee extends to a candidate’s Web presence as well.

Almost half (45 percent) of employers use Google and other search engines to research potential candidates.
Types of Pre-Screening:
Background checks
FCRA - Fair Credit Report Act
Includes criminal reports and credit reports
Medical Exams
Physical Exams (Americans with Disabilities Act)
Genetic testing (GINA)
Drug Tests

Interviewee's not knowing how to address possible illegal interview questions.


Employers failing to adequately screen employees.

Employers using information from social media sites (personal info v info to back up resume) to make hiring decisions.
Pre-screening (cont.)
Personality or aptitude tests
"Use With Caution"
http://www.cornellhrreview.org/personality-tests-in-employment-selection-use-with-caution/
Griggs v. Duke Power
Illegal Interview Questions

Be Prepared and know when a question is inappropriate
Issues to Address:
If asked an illegal question...
a.) Let the interviewer know that the question was
illegal.

b.) Answer It
Honestly give the answer they are looking for
If the question is blatantly illegal, you can lie

c.) Raise Cain
Contact your local Federal Equal Employment
Opportunity Office and file a claim
Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against any person on the basis of race, sex, religion, national origin or disability.
Handling discrimination is a personal matter and depends on your own values and your desire to work for the organization.
Raise Cain
EEOC Website
www.eeoc.gov
Information illegal to use from social media:

race
ethnicity
approximate age
religion
marital status
disabilities
political affiliations
other personal interests

All
above characteristics found using social media searches are illegal to use when hiring.

“Don’t do anything different with social media than you
would do with a face-to-face interview.”
A. Know the laws that protect against employment discrimination

B. Know how to address illegal hiring processes

C. Know where to go/what to do if you feel you have been discriminated against

D. Other Recommendations
What can employers use from social media?
Past job experience/volunteer work
Perceived professionalism
Provocative or inappropriate photos
excessive photos with alcohol
Visible drug use
Disrespecting past employers or fellow employees
Discriminatory comments related to race,
gender, or religion
Lies about qualifications
Who should search social media?
Do NOT have the employment decision maker screen any candidate's online profiles.

The best option is to advise the HR Manager to screen social media profiles rather than getting a third party to do so

Using social media screenings should come AFTER an in-person interview, not before. This avoids a biases before an actual interview.

Application Law
Civil Rights Act of 1964

Pregnancy Discrimination Act of 1978 (PDA)

Age Discrimination in Employment Act of 1967 (ADEA)

Americans with Disabilities Act of 1990 (ADA)

Genetic Information Non-Discrimination Act of 2009 (GINA)

Employment Non-Discrimination Act of 2013
Lie Detector Tests
Employee Polygraph Protection Act
Federal, state, local and some security firms are exempt
Public v. Private employers
State v. Federal laws
Hi Mary, I notice you have children, will travel be an issue for you?

Questions like these:
Appear simple and innocent
Can sneak up on you during an interview
Are not by law acceptable

While the questions may seem relevant, after all the employer is just trying to determine if Mary is able to meet travel requirements for the job.

Instead, a question such as "are you able to work overtime and travel occasionally" may be more appropriate.
Excuse me, but what does my marital status have to do with my abilities to do this job?
I'd really rather not answer that question.
I'm sorry, I'd rather not not discuss my personal life.
Letting the interviewer know that the question was illegal, can be done tactfully, and may put the employer on alert. (Illegal Interview Questions, 2014)
If your interested in being hired, answer the the question.
Be polite, calm, and positive.
Example:
Q:Interviewer asks, "Are you married"?, this may reflect the interviewer's concern that family obligations may affect your performance.
How would you answer this question?
Contact your local federal
Equal Employment Opportunity Office
and file a claim.
Claire Verity, Jill Sweeney, Nicole Dahlstrom, Aimee Embree
Works cited for Pre-screening slides:
Clarkson, K., & Miller, R. (2012). Business law: Text and cases : Legal, ethical, global, and corporate environment (12th ed.). Mason, OH: South-Western Cengage Learning.

http://www.cornellhrreview.org/personality-tests-in-employment-selection-use-with-caution/

http://www.eeoc.gov/eeoc/publications/background_checks_employers.cfm

http://www.nolo.com/legal-encyclopedia/content/griggs-dukepower-case.html


Further Reading:
On personality tests (including how to pass - can't recommend) check out
http://www.cornellhrreview.org/personality-tests-in-employment-selection-use-with-caution/
Chapter 35 of Business Law textbook - Employment Discrimination and Diversity
Use our very own campus as a resource, we have an entire office of faculty to help us with any career related questions or concerns in Room 460 in the CDC https://www2.stkate.edu/career-development/home
Equal Employment Opportunity Commission www.eeoc.gov
http://business.time.com/2012/07/09/how-recruiters-use-social-networks-to-make-hiring-decisions-now/
http://www.huffingtonpost.com/susan-p-joyce/job-search-tips_b_4834361.html
http://www.shrm.org/publications/hrmagazine/editorialcontent/2014/0914/pages/0914-social-media-hiring.aspx
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