EOE / EEOC & Candidate Evaluation Prepared for LAW 308 Mike Major, SPHR Director Career Services

EOE / EEOC & Candidate Evaluation

Prepared for LAW 308Mike Major, SPHR

DirectorCareer Services

Resources available from Career Services Resume and cover letter building and critiques

Online Tutorials Resume, Cover Letter, Interviewing, Job Search

Strategies Mock interviews and interview coaching Network development Career fairs on campus exclusively for SVSU

students to network with potential employers Internship/Co-op advising Job search strategies Developing personal brand On-campus student employment

www.svsu.edu/careers

OVERVIEW Developing a job description EEOC / MCRC Evaluating candidates Recent legal decisions/interpretations Practical exercises Wrap-up discussion


DEVELOPING A JOB DESCRIPTION Why is it important?

Job functions Performance evaluations Getting the right candidate Anti-discrimination EEO

Cost of a “poor hire” is…?


JOB DESCRIPTION COMPONENTS Job Title Employment Status

Salary, hourly FLSA Exempt, etc.

Summary (description) Qualifications

“With or without reasonable accommodations”

Make sure your Qualifications fit the job description and summary!


Job Qualification Elements KSAs – key elements to determine job

qualificationsKnowledge: body of information necessary for task performance

Skills: level of proficiency needed for task performance

Abilities: capabilities necessary to perform the job


EEOC = Equal Employment Opportunity Commission

Title VII (Civil Rights Act of 1964) The Equal Pay Act The Americans with Disabilities Act (ADA) The Age Discrimination in Employment Act

(ADEA) The Genetic Information Nondiscrimination Act

(GINA)

KEY LEGISLATION FOR EEOC JURISDICTION


MCRC = Michigan Civil Rights Commission Michigan Department of Civil Rights (MDCR) Enforcement of two state laws:

Elliott-Larsen Civil Rights Act (ELCRA) Persons with Disabilities Civil Rights Act

(PWDCRA)

KEY LEGISLATION FOR MCRC JURISDICTION


EQUAL EMPLOYMENT OPPORTUNITY Employment decisions may not be

based on:

Referred to as “protected classes” Employment decisions include:

Hiring, work assignments, compensation, promotions, terminations

• Race / Color• Gender• Ethnicity• Religion

• Age• Military/veteran

status• Disability status• Genetic information


ADDITIONAL FEDERAL LEGISLATION Uniform Guidelines on Employee

Selection Procedure Internet applications

Executive Order 11246 (EO 11246) Affirmative Action plans for Federal

Contractors Vietnam Era Veterans Readjustment

Assistance Act (VEVRAA) Uniformed Services Employment and

Reemployment Rights Act (USERRA)www.svsu.edu/careers

CATEGORIES OF DISCRIMINATION Disparate Treatment

Protected classes are intentionally handled differently from other employees or are evaluated by different standards

Disparate Impact (aka Adverse Impact) Occurs when rules applied to all

employees (candidates) have a different or larger effect on a protected class


DISPARATE TREATMENT DISPARATE IMPACT Direct discrimination Unequal treatment Intentional Prejudiced actions Different standards

Indirect discrimination Unequal

consequences or results

Usually unintentional Neutral actions Same standards;

different consequences

RECOGNIZING DISCRIMINATION


DISCRIMINATION EXAMPLES “All candidates must have a

bachelor’s degree.” Disparate Impact (discussion)

“I prefer hire males because they are less likely to take time off for family.” Disparate Treatment

“White males under the age of 40 won’t get this position.” ???


BFOQs Bona fide occupational qualification

Title VII – BFOQ if “reasonably necessary to the normal operations of the business or enterprise.”

Carefully scrutinized by the courts Example: Undergarment models


Practical Examples EEOC v. Abercrombie and Fitch

April 2013 Applicant wore a hijab to an interview Hijabs inconsistent with “Abercrombie look.” http://

www.eeoc.gov/eeoc/newsroom/release/7-15-11a.cfm

EEOC v. Hollister (hypothetical) Not filed, but could it? “Hollister all about the appearance” http://www.valleyvanguardonline.com/?p=4045 www.svsu.edu/careers

http://www.eeoc.gov/eeoc/newsroom/release/7-15-11a.cfm



http://www.valleyvanguardonline.com/?p=4045

http://www.valleyvanguardonline.com/?p=4045

A. The EEOC99,412 charges of discriminationThe EEOC filed a total of 122 lawsuits, 26 alleging systemic discriminationCollected more than $365.4 million from employers

B. The MDCRStaffed at 118 full time employees

Budget of $12,778,7001445 charges of employment discrimination$2.28 million in settlements involving

alleged discrimination

ENFORCEMENT STATISTICS

Source: Masud Law Group VSHRM Presentation 9/10/13

1. EEOC Strategic Enforcement Plan for Fiscal Years 2012 to 2016

a. Eliminating Barriers in Recruitment and Hiringb. Protecting Immigrant, Migrant and Other

Vulnerable Workersc. Addressing Emerging and Developing Issuesd. Enforcing Equal Pay Lawse. Preserving Access to the Legal Systemf. Preventing Harassment Through Systemic Enforcement and Targeted Outreach

HOT TOPICS IN ENFORCEMENT

I’ll gets that varmint


Beware the “Purple Squirrel” Urban dictionary definiton:“metaphor used by recruiters to identify the unrealistic expectations of a company.” Job Title: “Graphic Designer”Screening: -3.0 GPA-Graphic Design Majors-SeniorsEliminated: BFA, PTW, Marketing, Art,Communication & Digital Design,Graduate students, Alumni


EDUCATIONBachelor of Arts in Communication Second Major: SpanishSaginaw Valley State University, University Center, MIGPA: 3.7

RELEVANT EXPERIENCE Marketing/Graphic Design InternCharlotte Checkers, Charlotte, NCCreated flyers and mailers to advertise upcoming events using Adobe Photoshop and QuarkWrote the Checkers Kids Club Summer Newsletter and designed a new templateCut out and edited photos in Adobe Photoshop for new version of Charlotte Checkers website

COMPUTER SKILLSGraphic Design: Adobe Creative Suite (Photoshop Illustrator, InDesign, Fireworks)Multimedia / Video Applicantions: Adobe Premier; Final Cut Express; Macromedia FlashOperating Systems: Windows 1995-XP; Macintosh OS X www.svsu.edu/careers

Do you think this person would qualify

to do “Graphic Designer” work?

Key word?Consistency

• Resumes / cover letters going to the next round have similar qualifications

• Hire my cousin – hardest worker you’ll have!• Use Rubrics• All applicants asked same questions &

conducted in the same manner• Telephone vs. Skype vs. in-person interviews

Discussion item – E-portfolios / LinkedIn / Facebook / are there EOE issues?

Overall Search Process


Job ID: 18752 Job Title: Business Systems Administrative Assistant Employer: ATI Group Contact: Sherri WestPosition Type: Career/Degreed 0-5 yrs experience, Career/Degreed 5+ yrs experience, Full TimeDescription Reports To: Business Systems Manager Employees reporting To: NonePrimary Function:Assist the Business Systems Manager with the company financial programs including General Ledger, Payroll,Accounts Payable, Accounts Receivable, Insurance and Retirements plans.Areas of Responsibility and Accountability Accounts Payable:Assist Business Systems Manager to reconcile vendor invoices to jobs & Purchase orders. Learn how to enter information into the company accounting program and generate checks for payment. Make copies & mail payments when due. Accounts Receivable:Assist Business Systems Manager and learn to enter cash receipts into accounting program and reconcile receipts at month end. Pull customer invoice from file, attach check stub & file in Paid accounts file. Fill out deposit slip and make bank deposit daily when Manager is out of office. Payroll:Learn to set up and maintain employee payroll files in accounting system. Input hours from weekly timesheets for payroll generation. Be able to call in direct deposit by the stipulated time to ensure that funds are in employee’s accounts on time and call in tax information, generate & mail child support & 401k & union contribution checks when Manager is out of office. Generate layoff checks as required. Learn to track and balance Union & 401k contributions. Service Billing:Know how to Generate & mail monthly contract billings as a backup for Manager. Process work order billings weekly as directed by Manager. Generate SCJ billings weekly and maintain spreadsheet. Learn how to enter & track Dow CPAY weekly billings as needed. Account Reconciliation and Reporting:Be trained to do the following as a backup for Manager: pull required reports daily, weekly & monthly for review or reconciliation. Balance checking accounts. Perform Month End procedures to close out all accounts monthly.Qualifications: Bachelor's degree in business or related field.

Cardinal Career Network


Cardinal Career Network Activity Summary (17 JUN 12 – 05 MAY 13)

Total Employers 3,489 (+33%)

New Employers* 574

Total Contacts 5,937 (+15%)

New Contacts* 1,156

Total External Jobs Posted* 4,298 (+39%)

Unique Student/Alumni Logins* 7,035 (+14%)

Total External Job Views* 256,774

Total # of resumes submitted by students and alumni for vacancies 35,754


2012-2013 Jobs by Position Type

Frequency PercentCareer/Degreed 0-5 yrs experience 1,937 45.1%Career/Degreed 5+ yrs experience 1,127 26.2%Co-op 155 3.6%Full Time 2,533 58.9%Internship / Externship 356 8.3%On-Campus Student Employment 248 5.8%Part Time 932 21.7%Seasonal / Temporary 236 5.5%Volunteer 36 0.8%*Jobs posted between 6/17/12-5/6/13#Unique jobs posted = 4,298


Login at http://www.svsu.edu/careers Cardinal Job Postings

Recruited / posted exclusively for SVSU NACElink Extended Job Search

National Association of Colleges & Employers

Create Job Search Agents Personalize resumes/cover letters for

positions that accept them in CCN

Cardinal Career Network Tips


http://www.svsu.edu/careers

Winning Résumés


What is the purpose of a resume?


What will you bring to the organization?

Do you have the skills necessary to do the work?

Do you have the experience that the organization desires?

Value Proposition


Importance of Effective Bullet Statements “A picture is worth 1,000 words”

Paint a picture in the employer’s mind

Statements should be clear, concise and detailed

“Presented to a group of students” vs.“Presented to a group of 35 college freshmen”


If this is like your resume, come see us!Fry CookMcDonald’s Restaurant

Helped customers Stocked shelves Used cash register Cleaned store Dealt with complaints

Not very impressive Tasks implied by the title Add no value to resume


This is a little better, but still not great - Crew MemberMcDonald’s Restaurant Assisted customers in a warm and friendly

manner Stocked shelves during down times to ensure a

professional environment Processed financial transactions through the

cash register in a fast and efficient manner

Cleaned store to maintain an appealing atmosphere to enhance customer satisfaction


“Say More with Less” Describe accomplishments and achievements Increase something good or decrease

something bad? Employers want individuals who will make a

difference

Crew MemberMcDonald’s Restaurant

Earned Crew Member of the Month in June 2012 for consistently providing outstanding service


Volunteer, Big Brothers / Big Sisters of Midland May 2006 – Present* Received ultimate brother award by successfully logging over 1,000 hours of volunteer service, assisting four youths who all went on to attend college

Member, Delta Sigma Pi Business Fraternity Sept. 2008 – Present* Served as treasurer for an on-campus organization of over 50 members and $10,000 in resources

Recipient, SVSU Award for Excellence Scholarship Aug. 2007 – May 2008

Marketing Project, Saginaw Valley State Tennis Jan. 2006 – May 2006 Marketing 331 Course, Saginaw Valley State University * Created a brochure using Adobe InDesign to advertise a series of summer tennis fundraising tournaments generating a total ROI of more than $2,000 * Organized a bowling-event fundraiser that generated over $600 in revenue

Other Activities


Review, review, review! Career Services

964-4954 Appointments & Workshops with staff SVSU Writing Center

Faculty members Guidelines and Tutorials available:


Last words on documents…



ADA & ACCOMMODATIONS ADA passed in 1990

First introduced by Tom Harkin Rehabilitation Act of 1973

Prohibits discrimination based on physical or mental disabilities

Employers required to provide reasonable accommodations 15 or more employees Employees must file a charge (180 days/300

in MI)www.svsu.edu/careers

REASONABLE ACCOMODATION Case-by-case basis

Step 1: Individual asks for accommodationStep 2: Identify the barriers to performance of essential job functions for each individualStep 3: Identify possible accommodations that might be helpful in overcoming the barriersStep 4: Assess the reasonableness of the accommodations, including whether they are the employer’s responsibility and whether they pose an undue hardshipStep 5: Choose the appropriate accommodation for each individual


REASONABLE ACCOMMODATIONS? Assigning a reader to help an

applicant who is visually impaired Constructing ramps or providing a

wheelchair-accessible desk Lowering counters or drinking

fountains Designing alternative formats for

employee training Providing a telephone device for a

person who is hearing-impairedwww.svsu.edu/careers

Step 1: Introductory State First impressions are made Building a rapport

Step 2: Review qualifications 30 Second Pitch Focus on strengths & skills (candidate’s goal) Use research and establishing a good fit in their

culture (candidate’s goal) Give concise and thorough responses

Interview Process


Step 3: Matching Does candidate fit in the corporate culture? Is candidate coach-able? Does candidate have the passion and drive to

be successful in the position? Interviewer should explain job in detail

Step 4: Conclusion Candidate asks questions and discuss selection

timeline Collect business cards for writing thank you

notes (good idea for candidates)

Interview Process


Types of Interview Questions


1.Traditional2.Behavioral3.Situational4.Experiential

Common interview questions “Tell us a little bit about yourself.” “Where do you see yourself in five years?” “If you were a type of salad dressing, what

one would you be?” Describe yourself with 30 second pitch Clear, concise and thorough Describe thought process when necessary

Traditional Questions


Question about something that happened Past actions are predictors of future behavior “Describe a time when you had to work in a

team environment.” “Tell me about a time you had to deal with a co-

worker who didn’t complete their ‘fair share’ of the workload

Be specific: “A time” is one event

Behavioral Interviewing


Hypothetical circumstances Predictor about how you would handle an event

if it actually happened “What would you do if you had a dispute with a

co-worker?” “How would you handle a client who is upset

with the organization?” Tell a story of anecdote if one is available

Situational Interviewing


Experiential Interviewing Experience with a certain task “Have you ever completed tax audits?” “What type of experience do you have

managing clients?” “Have you ever completed a marketing plan?” Be thorough and specific Elaborate upon the depth of your experience


Situation Briefly provide a broad description of the background where

your example is taking place Task

Share more details about the problem, challenge, or task that you needed to address

Action Describe several possible courses of action and explain why

the one you chose was best. Give details that illustrate what you were like in action

Result Analyze the outcome of your action and the resolution of the

situation. Indicate whether or not you would follow the same course in the future

S.T.A.R Approach


Interact with the entire panel1. Make direct eye contact with the individual

asking the question2. Begin by directly responding to the interviewer 3. Make eye contact with remaining panel

members as you answer4. Finish response with initial interviewer

Steps for Managing an Interview


Final thoughts on interviewing Questions must be the same for each

candidate Use a rubric Use an interview summary

OFFERS AND REGRETS Verbal offer Formal offer

Regrets

https://svsu-csm.symplicity.com/manager

2. Compositiona. Jacqueline A. Berrien, Chair (from NAACP)

b. Constance S. Barker, Commissioner (small business – AL)

c. Chai Feldblum, Commissioner (Law Prof @ Georgetown)

d. Victoria A. Lipnic, Commissioner (US Asst. Sec of Labor)

e. Jenny Yang, Commissioner (partner in a private firm)

THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION


3. The General Counsela. David Lopez, General CounselOversees federal court litigation

THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION


1. Jurisdictiona. The Elliott Larsen Civil Rights Actb. The Persons With Disabilities Civil Rights Act

THE MICHIGAN CIVIL RIGHTS COMMISSION AND DEPARTMENT OF CIVIL RIGHTS


2. Compositiona. J. Michael Zelly, ChairFounder and President, Disability Networkb. Lisa Peeples-Hurst, Vice ChairCertified Prevention Specialist, Berrien CHDc. Jared Rodriguez, SecretaryPresident, West Michigan Policy Forumd. Linda GoblerPresident/CEO, Michigan Grocers Associatione. Deloris HuntSenior VP/HR, Detroit Medical Centerf. Rasha DemashkiehPharmacist, CVS Pharmacyg. Agustin ArbuluCEO, Hospice Solutions, Inc.h. Arthur HorwitzPresident, Renaissance Media (Parent of Detroit Jewish News)3. Legal Affairs Department

THE MICHIGAN CIVIL RIGHTS COMMISSION AND DEPARTMENT OF CIVIL RIGHTS


http://michigan.gov/mdcr/0,4613,7-138-4951_4993_5319-194858--,00.html







A. The EEOC99,412 charges of discriminationThe EEOC filed a total of 122 lawsuits, 26 alleging systemic discriminationCollected more than $365.4 million from employers

B. The MDCRStaffed at 118 full time employees

Budget of $12,778,7001445 charges of employment discrimination$2.28 million in settlements involving

alleged discrimination

ENFORCEMENT STATISTICS


1. EEOC Strategic Enforcement Plan for Fiscal Years 2012 to 2016

a. Eliminating Barriers in Recruitment and Hiringb. Protecting Immigrant, Migrant and Other

Vulnerable Workersc. Addressing Emerging and Developing Issuesd. Enforcing Equal Pay Lawse. Preserving Access to the Legal Systemf. Preventing Harassment Through Systemic Enforcement and Targeted Outreach

HOT TOPICS IN ENFORCEMENT

I’ll gets that varmint


A. The EEOC1. 300 days to file a charge of discrimination with

the EEOC2. Will accept a letter as a charge if it contains

sufficient informationB. THE MDCR

1. Individual may also file a charge of discrimination with the MDCR

2. The MDCR determines that the individual’s issue is within its jurisdiction, a civil representative will assist the individual in drafting a formal charge

HOW A CHARGE IS PROCESSED


1. Initially, an employer is offered mediation. The parties may reach voluntary settlement

2. Absent settlement, employers are usually requested to provide a written statement explaining their side of the story. The position statement provides the employer with the opportunity to present additional facts that show the real reason behind an employment action

3. The applicable agency may also request additional information (“interrogatories”)

4. If an employer fails/refuses to provide answers to the interrogatories, the agency can seek a judicial subpoena requiring disclosure

5. Once the investigation is complete the MDCR may choose to litigate the matter before an Administrative Law Judge

6. The EEOC could file a federal lawsuit 7. If the EEOC decides not to sue, it will issue the

individual what is know as a “Notice of Right to Sue.” The MDCR would dismiss the administrative charge

FURTHER INVESTIGATION


1. To file a federal lawsuit under Title VII or the ADA, an individual must receive a Right to Sue letter from the EEOC

2. The EEOC has 180 days to investigate a charge of discrimination before a Right to Sue letter will issue

THE NOTICE OF RIGHT TO SUE


1. Typically the offer to mediate is included when both parties are mailed the formal charge documents

2. Mediators do not make any decisions on the outcome of a charge. Settlement is voluntary and only occurs when both claimant and respondent reach a settlement that both parties are willing to sign

3. Claimants and respondents may have representation at mediation including but not limited to an attorney

4. All mediation participants must sign a confidentiality agreement at the start of mediation

MEDIATION

http://www.videojuegosvirtuales.com/juegos-de-looney-tunes/juegos-de-looney-tunes/

1. If the parties mediate or otherwise come to a voluntary settlement, the EEOC/MDCR will issue a proposed settlement agreement

SETTLEMENT AGREEMENT


A. Final Rule Concerning Disparate Impact and Reasonable Factor(s) Other Than Age (RFOA)

B. Final Regulations Implementing the ADAAAC. Final Regulations Regarding GINAD. Consideration of Arrest and Conviction Records in

Employment Decisions Under Title VII of the Civil Rights Act of 1964

RECENT EEOC REGULATIONS


What are the “hot” career fields? Governor’s Economic Summit

(3/19/13) Top 4 talent needs in Michigan:

• IT Professionals• Skilled Workers• Project Managers• Engineers

Manufacturing is still the base of Michigan’s economy

Experiential learning must happen in any career pathwaywww.svsu.edu/careers

Resources available from Career Services Resume and cover letter building and critiques

Online Tutorials Resume, Cover Letter, Interviewing, Job Search

Strategies Mock interviews and interview coaching Network development Career fairs on campus exclusively for SVSU

students to network with potential employers Internship/Co-op advising Job search strategies Developing personal brand On-campus student employment


T H A N K Y O U

[email protected]

www.svsu.edu/careers 64

EOE / EEOC & Candidate Evaluation Prepared for LAW 308 Mike Major, SPHR Director Career Services

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Transcript of EOE / EEOC & Candidate Evaluation Prepared for LAW 308 Mike Major, SPHR Director Career Services