Employment Anti-Discrimination Laws – Part 1

Published September 13, 2013 by Mayrbear's Lair

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One of the most significant tasks business leaders face is attracting and recruiting employees that are top level performers.  In fact Adler’s (2013) research revealed that few hiring managers even consider implementing effective strategies. Furthermore, they do not work in partnership with potential hires, nor do they consider enlisting the help of coaches to attract top performers. For example, most companies still post bland, uninteresting job descriptions, crossing their fingers in hope that they will find the ideal individual who is an organizational fit. In addition, the most shocking aspect of this is that most business leaders focus their resources and efforts going after the 17% of candidates who are actively seeking employment, yet desire to employ the 83% who are not looking for work (Adler, 2013). This research is focused on systems that hiring managers can implement to recruit potential top level performers while avoiding the violation of any employment or anti-discrimination laws.

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To examine the process more effectively, a false scenario is examined that provides an example of skills and hiring techniques that may be useful in recruiting a new full-time departmental employee. For the purpose of this study, the focus is centered on filling an opening position for an administrative assistant. The case study includes a detailed description of the position that is in compliance with federal laws. In addition, to attract top performers, an advertisement has been included that is intended to be directed at social media outlets and job recruiting websites. Also included in the research, to support the analysis, is a series of legal and illegal questions that provide a few samples to illustrate topics hiring managers are permitted to inquiry about and the manner in which to draw out information that is in accordance with EEOC mandates, as well as those that are in violation of them. This research will conclude that hiring managers who are not trained or are unfamiliar with employment and anti-discrimination laws can make poor decisions in the hiring process, risking litigation and exuberant fines.

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The Hiring Process

Employers want to hire top performers, but most are not cognizant of doing so in effective ways and avoid violating anti-discrimination and other significant employment laws. For example, Adler (2013) purports there are a variety of reasons that hiring managers have a hard time finding the best recruits, including that: (a) employers depend on a surplus of candidates during the hiring process, but seek them in a talent scarce environment; (b) candidates do not know how to engage in the hiring game; and (c) few hiring managers take responsibility for attracting quality candidates because they are focused on attracting quantity, hoping to discover that diamond in the rough. These are all significant issues that need to be addressed, dissected, understood, and reframed in a strategic manner to produce the most effective hiring programs that will attract top talent  (Adler, 2013).  Taking these components into consideration, hiring managers must also comprehend why people perform at peak levels while others underperform. Most hiring managers, however, maintain a preconceived notion that employers can remedy any situation that arises after the fact.

Next week’s post will have the conclusion with components that have been designed as an example to illustrate one effective method of how hiring managers can attract top level performers including job description, advertisement, as well as samples of legal and illegal questions that hiring managers can ask.

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References

Adler, L. (2013). The essential guide for hiring and getting hired. Atlanta, GA: Workbench Media.

McKee, P. (2012). How to answer interview questions. Atlanta, GA: Career Confidential.

Rassas, L. (2011). Employment law: a guide to hiring, managing, and firing employers and employees. New York, NY: Aspen Publishers.

Seaquist, G. (2012). Business law for managers. San Diego, CA: Bridgepoint Education, Inc.

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