Employment Anti-Discrimination Laws Part 2

Published September 16, 2013 by Mayrbear's Lair

Part One of this series offered a brief overview of the systems that hiring managers implement to recruit potential top level performers. Part Two provides samples of the components that hiring managers utilize in the hiring process. The following fictitious samples were developed for the purpose of this research and are based on my previous employment experiences in the music industry.

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Job Description and Advertisement

Basic Information

Job Title: Administrative Assistant for the West Coast Vice President of Promotion

Job Purpose: The individual will provide administrative services for office systems in accordance with procedures, policies and engage in duties required of that department to the best of their ability, within the ethical framework established as outlined in the corporate employment handbook.

Job Overview: The individual hired for this position is required to perform the duties of the Administrative Assistant to the West Coast Vice President of Promotion that includes active participation and working in partnership with the supervisor and other staff members to build and maintain an ethical climate. The position also offers opportunities for career advancement.

Administrative Assistant Duties:

  • Maintains workflow implemented by systems established, studying models, incorporating cost reductions, reporting procedures and developing new ones.
  • Maintains, creates, and revises systems and procedures by examining operation practices, including data and record keeping systems, forms control, office layout, budgetary and personnel requirements and implementing changes.
  • Supports and develops administrative staff by providing information, educational opportunities and experiential growth opportunities.
  • Resolves administrative problems by coordinating preparation of documents, including reports, spreadsheets, analyzing data and implementing solutions
  • Maintains and ensures operation of equipment including preventive maintenance requirements; calling for repairs; maintaining equipment inventories; and evaluating new equipment, techniques, and technologies.
  • Provides information, as well as answers inquiries and requests.
  • Maintains supply inventories by checking stock to determine inventory level, anticipating need supplies, placing and expediting orders for supplies, and verifying receipt of supplies.
  • Completes operational requirements including scheduling and assigning administrative projects, as well as expediting work results.
  • Maintains professional and technical knowledge by attending educational workshops, reviewing professional publications, establishing personal networks, participating in professional societies.
  • Contributes to team effort by accomplishing results as required.

Job Advertisement for Social Media Outlets

Simulation - This is not a real advertisement

Simulation – This is not a real advertisement

Requirements, Knowledge, Skills, and Aptitudes

Bachelor Degree, Minimum Five Years’ Experience, Reporting skills, Administrative Writing Skills, Computer Technology Skills, Microsoft Office Skills, Managing Processes, Organization, Analyzing information, Professionalism, Problem Solving, Supply Management, Inventory Control, Verbal and Nonverbal Communication Skills.

11-common-interview-questions-that-are-actually-illegal

Legal and Illegal Questions to Ask Potential Hires

Employers are vulnerable to litigation in the pre-employment process if they are not cognizant of employment and discrimination laws.  The most effective hiring managers implement supportive strategies and programs that avoid discrimination to attract top performers.  Seaquist (2012) postulates that company leaders should educate employees and hiring managers when designing the interview process to make sure they do not over step any boundaries.  This means avoiding any questions that would be in violation of Title VII mandates, including: (a) race, (b) sex, (c) national origin, (d) disabilities, and (e) criminal background (Seaquist, 2012).  Information can be obtained with respect to the aforementioned topics as long as they fall within the legal parameters of both Title VII and state regulations.  For example, an interviewer may include a list of different races on the application that the candidate can select, without having to go into further detail about their culture or personal beliefs.

employment_law

Using this framework as a model, the questions listed below proposed by McKee (2012) will help outline more clearly, inquiries that are considered in compliance with employment laws, as well as those that are not.  Most experts agree that the best strategy is to pose questions that inspire and motivate the individual to speak candidly without adding stress or pressuring them into answering questions the way they believe the interviewer expects.  These questions are formulated to engage the individual in feeling comfortable sharing their experiences and can help alleviate trepidation (McKee, 2012).  The following twenty questions illustrate only a few samples of many that can be considered appropriate and inappropriate during the interview process:

Questions Deemed Legal by the EEOC

1.)   Explain to me why you may be qualified for this job?

2.)   Are you willing to relocate?

3.)   Can you describe a time when your work was criticized? How were you able to manage the situation?

4.)   Can you describe a time when your workload was heavy?

5.)   If you were hired, what will we know about you one year down the road?

6.)   How do you rate yourself as a professional?

7.)   How do you evaluate success?

8.)   How do you handle stress and pressure on the job?

9.)   How does this position fit in with the career path you envision?

10.)  Can you tell us about a failed project?

Questions Deemed Illegal by the EEOC

1.)   How many times have you been married?

2.)   What kind of relationship do you have with your family?

3.)   Have you ever had sex at work?

4.)   Do you steal or shoplift?

5.)   Do you struggle with weight or feel ugly?

6.)   Have you ever been caught cheating on your spouse?

7.)   What have you done with your life so far?

8.)   What are your religious beliefs?

9.)   What is your sexual preference?

10.)   Do you text and drive?

Conclusion

Employers that are not fully aware of employment and anti-discrimination laws will not be effective in the hiring process.  Rassas (2011) reminds us that it is important for business leaders to have a firm grasp of employment laws and to recognize the limitations (Rassas, 2011). Because no single set of employment laws cover all employers or their employees, business leaders that understand the intricate complexities of employment and discrimination laws will have an edge on their competition. In addition, to discover that silver bullet employee, leaders create effective strategies to recruit top level performers and design job descriptions that inspire and motivate candidates.  They design and implement programs that target quality potentials and refrain from using those that focus on attracting quantity.  The findings of this research conclude that even though violating employment laws can lead to litigation, hiring managers interested in recruiting top level performers must be aware and educated in employment and anti-discrimination laws to prevent legal action and costly fines.

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.

One comment on “Employment Anti-Discrimination Laws Part 2

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