HIRING

Topics•Federal Guidelines related to Employment Practices

•City of Houston Polices Related to Employment Practices

•Interviewing and Selection •Human Resources Department Operations Teams•The Hiring Process

Legal Considerations

Civil Rights Act of 1964

President Lyndon B. JohnsonJuly 2, 1964

Civil Rights Act of 1964Title VII

Prohibits employment discrimination against individuals on the basis of: • Gender

• Race

• Color

• National Origin

• Religion

Civil Rights Act of 1964Title VII

This Law also makes it illegal to retaliate against a person because the person:

•Complained about discrimination

•Filed a charge of discrimination

•Participated in an employment discrimination investigation or lawsuit

Civil Rights Act of 1964Title VII

Created the:

Equal Employment Opportunity Commission (EEOC)

Investigate and mediate complaints of harassment and discrimination in the workplace.

Age Discrimination Employment Act (ADEA) of 1967

• Prohibits discrimination against employees and applicants who are more than 40 years with regard to:

• Hiring• Firing• Promoting• Layoffs• Compensation• Benefits• Job Assignments• Training

Age Discrimination Comments & Statements

Morning “Old Man”

“Old slow poke”

Equal Employment Opportunity Act 1972

Amended the Civil Rights Act of 1964 Title VII

•Expand coverage of the Civil Rights Act of 1964 to include protection of Title VII to:

•Public and private employers with 15 or more employees (from 25 to 15)

•Public and private labor organizations with at least 15 members

•Employment agencies

Equal Employment Opportunity Act 1972

•Enforced accountability in matters of discrimination

•Empowered Equal Employment Opportunity Commission

•File legal suits in federal court (previously made recommendations only)

•Amended principles regarding • Women & pregnancy in workplace

Pregnancy Discrimination Act 1978

•Prohibits sex discrimination on the basis of pregnancy

Uniform Guidelines on Employee Selection Process

The Uniform Guidelines on Employee Selection Procedures applies to:• Interviews

• Review of experience or education from application forms

• Work samples

• Physical requirements

• Evaluations of performance

Uniform Guidelines on Employee Selection Process

• The guidelines are designed to aide in the achievement of Equal Employment Opportunity without discrimination on the grounds of race, color, sex, religion or national origin.

Uniform Guidelines on Employee Selection Process

• The following entities combined identified a set of uniform principals guide for selection and testing processes:

• Equal Employment Opportunity Commission• The U.S. Equal Employment Opportunity Commission

(EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.

Uniform Guidelines on Employee Selection Process

• Civil Service Commission• The United States Civil Service Commission was an agency created to

select federal employees on merit rather than relationships.

• Department of Labor• The United States Department of Labor is a cabinet-level department

of the U.S. Federal Government responsible for occupational safety, wage and hour standards, unemployment insurance benefits, reemployment services, and some economic statistics; many U.S. states also have such departments. The department is headed by the U.S. Secretary of Labor.

Uniform Guidelines on Employee Selection Process

• Department of Justice• An executive department of the federal

government that is mainly responsible for supervising U.S. district attorneys, administering federal prisons, and representing the U.S. government in legal matters.

Uniform Guidelines on Employee Selection Process

• http://www.uniformguidelines.com/

Americans with Disabilities Act 1990

• President George H.W. Bush

• Signed into law on July 26, 1990

• Prohibits discrimination of persons with disabilities

• Guarantees that people with disabilities have the same opportunities as everyone else to participate in the mainstream of American life

Americans with Disabilities Act 1990

Title I – Employment Section

• Prohibits discrimination against qualified individuals with disabilities who can perform the essential functions of a job with or without a reasonable accommodation.

• Equal Employment Opportunities:• Recruiting• Testing• Selecting• Hiring qualified applicants with disabilities• Promotion

Americans with Disabilities Act (ADA)

Reasonable accommodation

• Enables a qualified applicant to participate in the application process.

• Modification or adjustment to a job or work environment.

• Enables a qualified applicant or employee to perform essential job functions.

Civil Rights Act of 1991

•The Civil Rights Act of 1991 is a United States statute that was passed in response to a series of United States Supreme Court decisions that limited the rights of employees who had sued their employers for discrimination.

Civil Rights Act of 1991

• Strengthened and improved federal civil rights laws.

• Provided for damages in cases of intentional employment discrimination.

• Right to trial by jury on discrimination claims (no longer judge).

• Exposed employers to greater financial liabilities

• Workers who successfully prove discrimination could now receive compensatory and punitive damages.

City of Houston

City of Houston Governing Policies

•City Charter •Competitive hiring process•12 Month Probationary period for New Hires

•Code of Ordinances Chapter 14 – Civil Service Employment•Required hiring guidelines•Minimum Qualifications

Additional Policies•Veterans Preference – Executive Order 1-6

•Amended Controlled Substance & Alcohol Abuse – Executive Order 1-12

•CDL Drivers Alcohol and Controlled Substances Testing Procedures 1-32

•Hiring of Relatives – Mayor’s Policy 104

Human Resources Director

Jane E. Cheeks

Human Resources

•FY 2010Employees performing 50% of Human Resources functions were consolidated under the Human Resources Department.

Human Resources Operations Division

The consolidation created the following teams:

• Client Relations Managers (CRM’s)• (Primary point of contact for Executive Teams, Supervisors and

Managers)

• General Relations Team (Staffing and Employee Relations)

• Shared Services Team (SAP/MSS Transactions, Verifications, Family Medical Leave)

Human Resources Operations

Additional Divisions Incorporated:

•Employment Resource & Services Team (10/2011)

•Executive Talent Acquisition (8/2012)

•TPS Team (8/2013)

•Social Media(1/2014)

Human Resources Operations

Additional Divisions Incorporated:

•Classified Testing Team (added 3/2014)

•Temporary Services Team (added 7/2015)

Human Resources

http://www.houstontx.gov/hr/hroperations.html

Human Resources Operations• HR Operations is separated into section that complete the following tasks:

• Position creation

• Posting Jobs

• Advertising

• Recruiting Applicants

• Reviewing Applications

• Interview Participation

• Candidate Selection Activities

• Finalize Hiring Process

• New Employee OnBoarding

The Hiring Process

PUTTING THE PIECES TOGETHER

Job Posting• City of Houston Competitive Process

• Duties and functions

• Classification • Best suited for position duties• Master Classification Ordinancehttp://www.houstontx.gov/hr/salary/job-

classifications.html

The Hiring Process

The Hiring Process• Job Posting

• Supplemental Questions• Extracted from

• Job description• Minimum Qualifications (MQ’s)• Preferences

• Quickly review key information

• Source applications

• Identify candidates • Qualified • Better Qualified • Best Qualified

The Hiring Process• Developing Supplemental Questions

• Input from the Hiring Manager to:• Communicate with HR Team• Prepare questions• Review and agree upon final questions for posting

• Identify knowledge, skills and abilities

• Determine ideal candidate profile

• Discuss preferences certifications, training programs, etc.

The Hiring Process•Post the Job

•City of Houston website

•www.houstontx.gov•All Persons•City Employees only•Department Employees•Department Division Employees

The Hiring Process

The Hiring Process

https://www.governmentjobs.com/careers/houston

or

www.houstontx.gov

The Hiring Process•Application Activity

• City of Houston receives over 300,000 applications in the last fiscal year

•Ban the Box - Criminal background question removed from City of Houston application in October of 2015

•Started in 2004•Eliminate discriminatory practices of persons with

criminal backgrounds•Remove barriers for job candidates with criminal

backgrounds

The Hiring Process

Recruiting

• Applications received• Job Fairs• Advertising• Social Media

•Review and Source Applications• Supplemental Questions

•Minimum Qualifications

•Best fit for position

The Hiring ProcessHiring Manager

•Reviews applications received from HR

•Identifies candidates to interview

•Prepares for the interview phase

•Conducts the interviews

Interviewing

PLAN THE INTERVIEW

• Planning the interview isthe first step in the interviewing process.

PLAN THE INTERVIEWTips for Writing Interview Questions:

•Reflective of the job

•Tied to competencies identified through the job analysis

•Open-ended

•Clear and concise

•Free of jargon

• Develop questions that discuss preferences:

• Knowledge, skills or abilities outside of minimum qualifications• Extensive Computer software

skills• Certifications• Language skills• Experience• Advanced Education

PLAN THE INTERVIEW

PLAN THE INTERVIEW

•Discussion on the Purpose of Interviewing:

•Positive Employee Relations

• Begins with first impressions

• Position advertisement, Interviewing, and

the Onboarding process

PLAN THE INTERVIEW•Good impressions are paramount

• Ensure that the interviewer develops an initial positive

relationship

• A consistent Interviewing process must be applied to all

candidates

SELECTION INTERVIEW

• The interviewing process is the most widely used tool to determine who gets the job offer.

INTERVIEWS•Interview Types:

• Telephone • Initial Screenings

• One on One

• Online Interviews (Skype / SparkHireetc.)

• Panel / Team

CREATIVE TECHNIQUES

• Use creative scheduling

• Use hypothetical questions

• Dig deeper!

DOCUMENTATION

• Capture the essence of responses

• Record pertinent information

• Your responses can be subpoenaed for a lawsuit

• Avoid subjective and irrelevant comments

Playing the Buyer and Seller

• Applicants are interviewing you

• Know organizational selling points

• Be enthusiastic!

• Avoid criticizing your organization and people in it

Conducting the Interview Tips for Success:

• Create a comfortable atmosphere

• Ensure the interview room is quiet, non-threatening, and accessible

• Allocate ample time to meet with candidate

• Review application and resume prior to meeting

• Consistent questions for each applicant

Conducting the Interview

Tips for Success•Warmly welcome the candidates

•Explain the interview process

•Ask if they have any questions for you

•Ask for clarification of a response when needed

Conducting the Interview

Avoid

•Giving non-verbal queues as an interviewer • Nodding head

• Tapping the pencil

• Looking at other objects instead of at the candidate

• Discriminatory Questions

How Not to Conduct an Interview

• https://www.youtube.com/watch?v=FofxwoCQxrY

Conducting the Interview

Conducting the Interview

How to Conduct an Interview

https://www.youtube.com/watch?v=lkCxNI2GrWg

HIRING PROCESS• Hiring Manager

• Recommends Candidate

HIRING PROCESS• Tip / Best Practice:

Recommend additional candidates for hire at the time of submission

HIRING PROCESS

•Human Resources•Verifies & Collects Information

•Employment Verification

•Education Verification

•Driving Record – Motor Vehicle Report

HIRING PROCESS

• Human Resources Contingent• Job Offer• Start Date

Pending all pre employment activities are successfully completed.

HIRING PROCESSHuman Resources

•Processing New Hire Candidate

•Federal Legal and Required Documents •(I9 / W4) etc.

•State Documents

•City of Houston Documents

HIRING PROCESS

•Fingerprinting •Background Check

•Drug Testing

Results of all Pre Employment steps are received prior to start date.

New Hires

Tips to ensure New Hire Employees get off to a great start:

1) New Employee probationary period is 12 months

2) Ensure new employee completes set up of Employee Self Service portal

3) Ensure new employee completes Direct Deposit Information during 1st week of employment

4) Schedule New Employees and New Supervisors Orientation Administrative Procedure 3-33 (Required for all new employees)

New Hire

Additional tips for Supervisors/Managers:

5) Prepare HEAR Plan in Talent Management System (TMS)

6) Complete 5 month HEAR Evaluation

7) Complete 11 month HEAR Evaluation

Questions

Resources

• Equal Employment Opportunity Act of 1972• http://www.ehow.com/info_7867426_equal-employment-opportunity-

act-1972.html

• Civil Rights Act of 1964• http://civil.laws.com/civil-rights-act-of-1964

• Uniform Guidelines• http://uniformguidelines.com/uniformguidelines.html#1

Resources

• http://www.ada.gov/pubs/adastatute08.htm#subchapterI

• http://www.dol.gov/dol/topic/disability/ada.htm

• http://definitions.uslegal.com/c/civil-rights-act-of-1991/

• http://www.opm.gov/policy-data-oversight/assessment-and-selection/examples/how-to-conduct-a-successful-interview.pdf