The functional area Talent Acquisition is 19 percent of the Associate Professional in Human Resources (aPHR) exam weighting. Understanding the hiring process, including planning for staffing needs, sourcing of applicants, formal interview and selection processes, and onboarding of a new hire, are responsibilities that are guided by laws. This includes federal laws, which are discussed in this book, as well as the laws in the state where your organization operates. You must be able to apply the laws in practical terms so managers can select and hire the best applicants.

Additionally, advancements in technology have changed the hiring process in many ways. Many hiring processes are now managed almost entirely on the Internet and social media—a far cry from the methods used in HR just a handful of years ago. Technological systems for storing applicant information have removed some of the administrative hurdles associated with legal requirements and offer useful metrics for evaluating talent acquisition processes. It will be useful to apply these best practices using technology to help your organization develop a strong employer brand and seamlessly manage important data.

The Body of Knowledge statements outlined by the HR Certification Institute (HRCI) for the Talent Acquisition functional area for those performing early HR career roles are as follows:

Knowledge of

•   01  Methods to identify staffing needs and guide talent acquisition efforts; for example, forecasting, job analysis, the creation and structure of job descriptions, and alternative staffing approaches

•   02  Talent sourcing tools and techniques to identify and engage prospective candidates; for example, employer branding, social media, candidate pipelines, résumé mining, job postings, job fairs, and employee referrals

•   03  Recruiting procedures and strategies for screening and selecting qualified applicants; for example, recruitment firms/staffing agencies, skills assessments, interview techniques and best practices, and biases

•   04  The lifecycle of hiring and onboarding a selected applicant; for example, reference and background checks, offer letters and counteroffers, employment contracts, and the distribution and collection of company-mandated documents, such as employee handbook and policy acknowledgments, non-disclosure or other agreements, and benefits paperwork

•   05  The use of technology for collecting, storing, reviewing, and analyzing candidate/applicant information and recruiting data; for example, applicant tracking systems, human resource information systems (HRISs), return on investment (ROI), cost-per-hire, and time-to-fill

Laws and Regulations

Many federal laws impact the Talent Acquisition functional area. Be sure to refer to Chapter 2 for in-depth information about each of these crucial laws impacting hiring activities. HR professionals must be able to apply these laws and guide hiring managers to do the same. You may expect that any or all of these laws will be subjects on the aPHR certification exam.

Federal Laws

Here is a list of all the federal laws you will need to understand when you have job responsibilities associated with talent acquisition. Only federal laws will be on the aPHR exam, but as an HR professional, you should consult the laws in your employer’s state as well.

•   The Employee Polygraph Protection Act (EPPA) (1988)

•   The Fair and Accurate Credit Transactions Act (FACT) (2003)

•   The Fair Credit Reporting Act (FCRA) (1970)

•   The Fair Labor Standards Act (FLSA) (1938)

•   The Immigration and Nationality Act (INA) (1952)

•   The Immigration Reform and Control Act (IRCA) (1986)

•   The Personal Responsibility and Work Opportunity Reconciliation Act (1996)

•   The Service Contract Act (SCA) (1965)

•   The Vietnam Era Veterans Readjustment Assistance Act (VEVRAA) (1974), as amended by the Jobs for Veterans Act (JVA) (2008)

•   The Wagner-Peyser Act (1933), as amended by the Workforce Innovation and Opportunity Act (2014)

•   The Work Opportunity Tax Credit (WOTC) (1996)

•   Americans with Disabilities Act (ADA) (1990), as amended by the Americans with Disabilities Act Amendments Act (ADAAA) (2008)

•   The Civil Rights Act (Title VII) (1964, 1991)

•   The Drug-Free Workplace Act (1988)

•   The Equal Employment Opportunity Act (EEOA) (1972)

•   The Genetic Information Nondiscrimination Act (GINA) (2008)

•   The Uniform Guidelines on Employee Selection Procedures (1978)

•   The Age Discrimination in Employment Act (ADEA) (1967)

•   Executive Order 11246 – Affirmation Action (1965)

•   The Congressional Accountability Act (1995)

•   The False Claims Act (1863)

•   The Homeland Security Act (2002)

•   All the various employment visas for foreign nationals

Workforce Planning

We will approach this chapter by following the lifecycle of the hiring process. Although activities like recruiting and interviewing often get the bulk of attention in talent acquisition, workforce planning is an important first step. In simple terms, planning allows your organization to be proactive in finding great talent, and not reactive, leaving you racing to find a suitable replacement.

Forecasting Staffing Needs

Identifying job openings before they exist is an activity known as forecasting. It is best performed with the aid of operations managers who will be supervising the new positions. Given what is anticipated for growth (or workforce reduction), you can convert workload into staffing requirements.

Determining the portion of jobs that will be part time versus full time is another contribution of the forecasting process. Forecasting staffing needs is usually done in terms of the number of full-time-equivalent people. You will likely hear this term a lot because it is also used for budgeting purposes. Full-time employees usually work 40 hours per week, but sometimes organizations define full-time somewhere between 30 and 40 hours per week.

Forecasting may also be required for temporary changes in business needs. For example, a toy manufacturer has more demand for product over the holidays and therefore needs more staff members during that time. In this example, forecasting how much the workload will increase during the holidays will help the organization determine the right number of staff members needed to get the work completed.

Job Analysis

Job analysis is a process where data is collected on a job. That data is examined to determine the job’s duties and requirements. A job analysis also considers the job’s relationship to other positions in the organization and the conditions under which work should be performed. Put simply, job analysis is a process where judgments are made about data collected on a job.

Legal Aspects of Job Analysis

An important concept of job analysis is that the analysis is conducted of the job, not the person working in that job. While job analysis data may be collected from incumbents through interviews or job analysis questionnaires, the product of the analysis is a description or specification of the job, not a description of the person.

Job analysis can be used in selection procedures to legally identify or develop the following:

•   Job duties that should be included in advertisements of vacant positions

•   Appropriate salary level for the position to help determine what salary should be offered to a candidate

•   Minimum requirements (education and/or experience) for screening applicants

•   Interview questions

•   Selection tests/instruments (for example, written tests, oral tests, and job simulations)

•   Applicant appraisal/evaluation forms

•   Orientation materials for applicants/new hires

Job Analysis and the ADA

With the passage of the Americans with Disabilities Act (1990), job analysis has taken on an increasing importance. To comply with the ADA, employers must not discriminate against an individual with a disability in regard to job application procedures, hiring, advancement, discharge, compensation, training, and other terms of employment. The ADA requires that individuals with a disability be given “reasonable accommodation” in the workplace so that they will not be unreasonably excluded from employment. Job analysis is a process to identify the tasks and duties performed on the job as well as the equipment used. This information may be helpful in determining what “reasonable accommodations” could be made for an individual to perform the job.

Job Analysis and the FLSA

The Fair Labor Standards Act (FLSA) requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and be paid overtime at 1.5 times the regular rate of pay for all hours worked more than 40 hours in a workweek. The FLSA provides an exemption, or exclusion, from both minimum wage and overtime pay for employees employed in certain types of positions. These are known as “exempt” jobs. There are requirements that must be met for a job to be exempt. The job must meet the conditions of one of the following major categories: executive, administrative, professional, computer professional, or outside sales employee. Through a job analysis, it is possible to determine whether the job duties of a position require overtime pay or fall in to an exempt category that does not require overtime pay. You can find a wealth of information on exempt jobs at the Department of Labor’s website (https://www.dol.gov/agencies/whd/flsa).

Job Analysis and Affirmative Action

On August 27, 2013, the Office of Federal Contract Compliance Programs (OFCCP) announced rules outlining how federal contractors should handle their affirmative action and nondiscrimination obligations for protected veterans and for individuals with disabilities. Several of these requirements require a job analysis to stay compliant. The requirements include the following:

•   Applying the “Internet applicant” rule to the new rules so that electronic applications and inquiries will be handled the same way they are handled for other groups covered by affirmative action (race, color, religion, sex, or national origin)

•   Changing the 2-year recordkeeping requirement to 3 years

•   Removing the requirement in the disabilities rule to review all physical and mental job qualification standards on an annual basis and replacing it with a requirement for contractors to establish their own schedule for reviewing job qualifications

•   Requiring employers to achieve specific numeric goals to document compliance

•   Requiring that contractors compare the number of individuals with disabilities (IWDs) who apply to the number of IWDs who are hired and keep those records for 3 years for auditing purposes

•   Maintaining an applicant flow log showing the name, race, sex, date of application, job title, interview status, and the action taken for all individuals applying for job opportunities

•   Maintaining records pertaining to the company’s compensation design and system

•   Filing EEO-1 and VETS 4212 reports annually

Job Descriptions and Job Specifications

Job descriptions outline a specific job based on the findings of a job analysis. Job descriptions generally include duties, purpose, responsibilities, scope, and working conditions of a job along with the job’s title and the name or designation of the person to whom the employee reports. A job specification is different and is usually found at the end of a job description. It is a statement of the essential components of a job class, including the minimum qualifications and requirements necessary to perform the essential functions of the job.

Job Description Components

A job description need not account for every task that might ever be done. Here are the most critical components of a good job description:

•   Heading information  This should include job title, pay grade or range, reporting relationship (by position, not individual), hours or shifts, and the likelihood of overtime or weekend work.

•   Summary objective of the job  This should list the general responsibilities and descriptions of key tasks and their purpose; the relationships with customers, co-workers, and others; and the results expected of incumbent employees.

•   Job duties and responsibilities  It’s more important to list what must be performed and accomplished than how, if there is more than one way to do it. Being too specific on how to accomplish a duty could lead to ADA issues when an employee asks for an accommodation.

•   Knowledge and qualifications  State the education, experience, training, and technical skills necessary for entry into this job.

•   Special demands  This should include any extraordinary conditions applicable to the job (for example, heavy lifting, exposure to temperature extremes, prolonged standing, or travel).

Why Use Job Descriptions

The following are reasons job descriptions are important:

•   They ensure you’re hiring the right people to fill the right position.

•   Well-written and effectively developed job descriptions are communication tools that allow both employees and candidates to clearly understand the expectations of the role, its essential duties and responsibilities, and the required educational credentials and experience. They also define what “success looks like” for the alignment of expectations for both the employee and supervisor.

•   As individual roles change over time, job descriptions should change with them. There are few positions that do not evolve; most change. Systems and processes also evolve. The job descriptions should be continually updated as the duties change over time.

•   Writing concise and effective job descriptions can help you attract the best candidates. Poorly worded or incomplete job descriptions can be a turn off to applicants, making an organization seem disorganized and unprofessional.

Alternative Staffing Practices

These days, there are many alternatives to hiring full-time employees. At times, hiring employees in traditional, full-time positions can be challenging based on the labor market. It may also not be the most effective approach for the organization, depending on the work required of a position. Using creative staffing approaches might better suit the needs of your workforce and the organization. It may also set you apart from the competition.

Temporary Employees

One change to full-time employment is the use of temporary employees. It is not necessary to hire people by placing them on the payroll. Employers can expand their workforce quickly and easily by contracting with temporary talent agencies to satisfy their need for additional people. Temporary workers can be used on production lines, in accounting departments, or in any other portion of an organization experiencing a workload that cannot be handled by the permanent staff. Agencies pay their employees, take care of payroll withholding and tax reporting, add a profit margin, and then pass the final rate to the employer contracting for that help.

Job Sharing

Job sharing is an employment technique that you hear about more and more these days. It offers two or more workers the opportunity to collectively constitute one full-time-equivalent employee. One person works the job in the morning, and another works the same job in the afternoon. Considerations involve briefing the “job-sharing partner” on the current issues to be dealt with during the next portion of work time. There are some financial considerations, too. Each employee will require the employer’s full contribution toward Social Security and Medicare. That may cost the employer more than if one person were to occupy the position.

Part Time vs. Full Time

Sometimes it may make more sense to hire part-time versus full-time workers. A good example is for positions where college students are a great fit but are unable to work full time due to class schedules. Or parents who also have caregiving roles at home but still want to remain in the workforce in some capacity. In cases such as these, it can be helpful to consider part-time positions.

It is important to note that there are financial considerations associated with part-time employees. Two part-time workers will likely cost you more than one full-time worker. There are contributions toward Social Security and Medicare for both workers. Also, where local employment taxes are based on head count, part-time employees will add to your expenses.

Under the Affordable Care Act, employers can escape paying for benefit coverage of some workers if those workers maintain a part-time status. By policy, other benefit programs may or may not be available to part-time workers. It is not uncommon to have access to an IRA or other retirement program based on the number of hours worked each week. The amount of supervision available can also impact the ratio of full-time to part-time workers.

Project Hires/Contract Labor/Gig Employees/Floaters

Using project hires and contract labor is another alternative to full-time employment. Project hires are people who are recruited and placed on the payroll with the understanding that their employment will be terminated once the project is completed. This is common in organizations that seek out projects from client organizations. A staff is hired for the project and then let go when the project comes to an end.

Contract labor refers to people who are hired for a specific period of time. An organization may believe that the workload will last until this time next year; therefore, it contracts with people to handle that workload for the year. At the end of the contract, those people will come off the payroll, whether or not the project has concluded. They could be “extended” (payroll status maintained) for a designated period of time if the workload has not diminished.

Gig employees are contracted employees who are utilized for a specific project and then not again until that type of project occurs again. An example would be a concierge type of skilled worker who is employed for only new store openings. Gig employees have grown increasingly in recent years with the rise of ride-sharing services like Uber and Lyft. This is an area to keep an eye on for legislation updates, as there has been growing concern about the lack of benefits provided to gig employees and the need for a better definition of what constitutes an employee and what doesn’t.

Floaters are employees who are on the organization’s payroll and work on a temporary basis for a specific period of time, such as vacation relief, and may rotate among several positions or departments. A floater is helpful to have available on an on-call basis, is able to fill in for temporary assignments (for example, due to illness, vacation, or a leave of absence), and is an ideal position for former employees such as early retirees.

Retiree Annuitant

A resource who is already trained, has organizational knowledge, and is experienced in job requirements should not be overlooked. It may be cheaper in the short run to bring back a retired worker to “fill in” temporarily than to hire another type of temporary worker.

Retiree annuitants are folks who have retired from the organization but are called back to work because of emergencies, unexpected workload, or another unforeseen need. They are defined by the Internal Revenue Service (IRS)¹ as people who are entitled to draw benefits from their retirement program while earning compensation from their employer for continuing employment, whether or not they are continuing to pay into the retirement program.

Phased Retirement

As opposed to instant full-time retirement, phased retirement is another alternative to full-time employment. It allows an individual to take partial retirement while continuing to work a reduced schedule. This can take the form of job sharing or part-time, seasonal, temporary, or project work. A major advantage of phased retirement is that it allows employees to get used to working less and having more time to themselves. It prevents the sudden shock of not having a work routine that comes with traditional retirement.

Contractor Payrolling

When a job needs to be done and the organization does not want to hire someone onto its own payroll to do that job, an alternative is to contract with a vendor who will hire someone to do the job at the client organization. Contractor payrolling is used when you need to adjust to seasonal fluctuations, fill a vacancy while searching for a permanent replacement, bridge the gap in personnel when there is unexpected growth, or use interns for a set period of time. It has many applications, but the greatest benefit is in protecting against legal charges, in that the person hired is not an independent contractor but an employee—a problem that cost Microsoft just under $100 million in payroll taxes, penalties, fines, and legal fees.² This is usually a process used for less than an entire workforce. When single employees or small groups of employees are needed, payrolling services can solve the need.

Employee Leasing and Professional Employer Organizations (PEOs)

Similar to payrolling, employee leasing is a process of moving employees to another company’s payroll as a service for a client organization. Typically, professional employer organizations will take over the entire workforce in a client company. PEOs provide payroll services, tax tracking and depositing, retirement program management, healthcare benefit program management, and even employee counseling and support services. In essence, employee leasing is the outsourcing of the human resource department and the payroll function together. Employees usually become employees of both organizations: the client where they perform their work and the vendor (PEO) that handles the payroll and HR functions for the client. It means both employers are liable for legal compliance. This is called a co-employment relationship.

Outsourcing and Managed Service Providers (MSPs)

Another alternative is outsourcing. This is shifting a workload out of the organization through a contract with another employer organization, either here in the U.S. or somewhere else in the world. Managed service providers manage functions as part of a strategic decision to move certain departments out of an employment organization to a vendor that can perform them less expensively. Customer service departments are a common example of this. Such a decision is designed to allow the client company to focus on key activities within its core business while a vendor handles support activities for the client.

Temp-to-Lease Programs

When a need exists for employees on a seasonal basis or for jobs that will last longer than a few days or weeks, it is possible for employers to lease their workers from a vendor organization. The vendor provides the underlying employment relationship with the worker. When temporary needs stretch into longer-term needs, it still may not be wise to increase payroll in the client organization. That’s when contracting for temporary agency workers can be converted into long-term employee leases. These workers often have no benefits provided to them. The client organization pays an employment agency a fee in addition to the pay received by the worker assigned to the client. All payroll operations are maintained by the temporary service agency.

Rehires and Transfers

When workloads rise unexpectedly, it is sometimes difficult to bring in new hires quickly enough to respond to that increased demand. Rehiring laid-off workers and bringing in transfers from other portions of the organization can sometimes be good solutions. Rehired workers are already trained and can be productive immediately. Transfers from other portions of the organization have the advantage of already knowing the culture and, if coming from a similar or identical type of work, can also be productive rather quickly.

Talent Sourcing

There are a variety of methods to find the right person to fill a position. Often, employers search both inside and outside their organization for someone who can fill a job opening.

Internal Recruitment

Some organizations overlook their own workforce as a legitimate source of qualified candidates when job openings occur. Internal recruiting can be handled either formally or informally. In union-represented organizations, a procedure for internal job postings is usually specified in the memorandum of understanding (MOU) or union contract (collective bargaining agreement). Details within collective bargaining agreements (CBAs) might specify what information should be included in job postings and how long job openings will remain posted. Sometimes internal recruiting must happen for a specified number of days prior to any external recruiting efforts being made. In the absence of unions, the employer will have the opportunity to develop its own policies and procedures in this staffing area.

Often, internal resources can fill the needs of the job opening in question. Current employees are constantly changing, through education or temporary job assignments. They may be working on certifications that would better qualify them for a different job. It is important to consider these resources because they represent less expensive candidate pools than those built with external candidates. Most importantly, hiring from within shows employees that their professional development is valued by the company and it pays off! It begs the question of whether it is necessary to have a database that tracks current employee skills and certifications. Training accomplishments, new educational achievements, and demonstrated skill performance should all be identified periodically (annually or more often).

One tool that can assist the internal recruiting process is an employee skills database. Information tracked in this database will be confidential to a large extent. Yet, it can help you identify qualified candidates for internal placement when the need arises. Your list of data content will likely be different from that created by other HR professionals in different types of organizations. Table 3-1 lists some of the basics that could be included.

Table 3-1  Employee Skills Database Content

Internal recruiting can contribute substantially to your overall placement needs. When people are already on the payroll, transferring them to a new job assignment reduces the costs associated with recruiting, hiring, and even sometimes Social Security and Medicare tax. This practice also can help with retention efforts to keep high-performing employees within your organization, instead of them developing these skills and looking for jobs elsewhere.

Job Posting

Internal job posting is an internal job announcement, typically posted on an organization’s web site that is accessed only by employees. A basic job description and duties are included along with a deadline for applications. Usually, morale is positively affected when workers see the employer is making opportunities available to the existing workforce before searching outside for job candidates. The job posting might also encourage employee referrals.

Former Employees

Former employees can be a good source for recruitment, especially those who previously held the position. Inviting former employees to apply for re-employment is a viable option, especially with former employees who may have left the workforce because of family care needs or even those who may have had their jobs eliminated because of downturns in the organization’s financial picture. If the employee was a top contributor and exited the organization on good terms, inviting a former employee to reapply for an opening can send a positive message to the current workforce and lessen the time required to learn the nuances of the job and company.

External Recruitment

In contrast to internal recruiting is external recruiting, which is just as it sounds: you source candidates from outside the organization. External recruitment best begins with a strategy and putting on a marketing and sales hat. You must know your applicant base, and that requires research. You must figure out how to reach candidates using the marketing tools and methods available, all at a cost that is within your recruitment budget.

While for some, posting job openings at state employment agencies is a requirement, it is nonetheless a recruitment strategy. Recruitment strategies can take many forms. Generally speaking, there are four key components of recruiting strategies that every organization should employ:

•   Identifying your brand  If you are the leading company in a specific arena, let people know that.

•   Targeting specific candidate sources  Identify the most likely sources for the type of candidates you seek. If you want professional engineers, look in engineering associations and college institutions. If you want electricians, look at the union organizations in the locations where your need exists. Target the specific sources you know will give you the qualified candidates you need.

•   Working with your key sources  When you find organizations that have job candidates that can fill your needs, cultivate relationships with the people in those organizations. Give them tours of your facilities and stress how it is possible for you to work together to reach mutually dependent goals. Federal contractors have obligations to foster these types of relationships with sources of veterans and disabled job candidates in addition to those serving female and minority job seekers.

•   Preparing your sales pitch  Be prepared to sell your best job candidate on the benefits of working for your organization. Explain the environment, the working conditions, the side benefits, and the culture in a way that entices the job candidate to want to accept your job offer. This is also called employee value proposition, which is the value employees gain by working in your organization.

Branding and Marketing the Organization

Branding is a key recruiting strategy but it differs from marketing. Branding is a strategic exercise, whereas marketing is a tactical process. Branding is a method of conveying what the organization values, whereas marketing is a process of encouraging people to purchase the organization’s products or services. They are often confused simply because they are so closely related.

HR professionals can help the organization advance its brand when discussing the organization with job candidates and employees. “Here are the things we value as an employer.” “Here is the way we do things around here.” “Here we have a culture that values ________.” All of these are statements about the organization’s brand. When we hear things like, “We can provide that solution for you with our product/service,” we know we are hearing a marketing statement. It says “buy me.” It is more direct and pointed than a branding statement.

Traditional Media

Newspaper and magazine print advertising can take the form of classified ads or display ads. These days, magazines and newspapers have companion editions online. Buying advertising in one format can also provide the same advertising in the other format. Radio and television are other forms of traditional media advertising and can be highly effective when trying to fill a number of positions, such as seasonal labor or a new facility opening. Ads can be created and used at a theater during the previews, on grocery carts, on metro buses, and even on the local sports arena billboards. The creativity is never-ending—where do your desired applicants go, what do they do, and where would you reach them?

Internet and Social Media

The Internet offers several avenues for recruiting, ranging from entry-level and hourly job posting vacancies to professional and management-level openings. HR staff members are integral to managing online recruiting tools. As an early-career HR professional, you will most likely be managing the company’s job opportunity section of the web site, which will be a totally separate platform devoted to careers and job opportunities. You’ll be intimately involved and have knowledge of all the various generic job boards and sites such as Indeed.com, CareerBuilder.com, Monster.com, ZipRecruiter.com, and others. You’ll be browsing how other organizations are posting their vacancies.

Today, many white-collar jobs are being filled through LinkedIn. LinkedIn.com is a paid resource for employers. Posting job openings on LinkedIn, as of this writing, requires payment of a fee, and that is typically true of the other Internet job boards. Social media is growing new tentacles and reaching far and wide, as it is quickly becoming a cost-effective and fast method to recruit for a variety of staffing positions. Today, companies are investing dollars into creating mobile applications to make recruiting easier for prospective applicants to apply via smart phones. Your organization will likely have a presence on Instagram and Facebook as well as use a Twitter account to announce its job vacancies. At the same time, you can request your current workforce retweet a job posting or announce it on their own social media accounts. It’s no longer the Wild West, yet it’s still a frontier to be expanded and creatively used to broaden your outreach and quest in attracting applicants.

Résumé Mining

Another great way to make use of the Internet to recruit candidates is by doing résumé mining. On many job boards like Indeed and LinkedIn, people can keep their résumés in the web site’s database. Then, recruiters can type the search criteria for the job they are hiring for in the database, such as the job title or certifications needed for the position. It is wise to try your search with a number of different criteria that may qualify someone for the job so you don’t miss out on any great candidates. The database will show the results of any résumés matching those criteria. This allows employers to reach out to people with a strong résumé in the database, even if these people are not actively looking for a position at the time. Résumé mining is a more proactive method of recruitment. Oftentimes, good candidates are comfortable with their present job but could be interested in a new opportunity if the right one arises.

Public Employment Services

Many public employment services have been created specifically to help employers hire skilled workers and help workers find suitable employment. The following are all types of public employment services:

•   State employment services  Each state has an agency dedicated to providing job search services to job seekers, which includes free posting for job openings of all types of jobs. Many include job search centers where formerly employed workers can have a one-stop place to view openings, obtain assistance with their interviewing skills, and get help with résumés.

•   Veterans’ organizations  Most state employment agencies have linkages to veterans’ organizations and often have veteran coordinators on their staff to maintain those relationships. Get to know these people and how they can help with your recruiting efforts.

•   Organizations for the disabled  Many qualified job seekers are classified as disabled for one reason or another. In many cases, the disability will have no impact on that person’s ability to perform the essential job functions. Don’t overlook a valuable resource.

•   Local educational institutions  High schools, community colleges, and universities will usually be glad to post job opening information so their graduating students can find employment in their chosen field of work.

Employment Agencies

Employment agencies recruit and perform as matchmakers for applicants and employers. Many agencies focus on a specific field, such as finance, executive-level positions, or drivers. Generally, the employer pays a contractual fee to the agency when a successful hire is made. For recruiting of executives and senior levels of management, these agencies are often known as headhunters. They often source executives who are currently working at another job but are interested in a job change.

Outplacement firms also provide a level of assistance, generally for management-type employees, but not always. When there is a large layoff or facility closure, an outplacement firm may open up a job search center at the organization to assist displaced workers with seeking new employment. This source of potential employees can make recruitment efforts highly cost effective in having a pool of qualified candidates that may know your industry and simply need to be instructed on the nuances of how your organization does business. Several outplacement firms may also provide retraining for different jobs.

Employee Referral

Potential applicants can be referred by current employees, which are great resources. Recommendations from existing employees can result in long-term hires because studies have shown that employees will remain longer with a company where they have established a strong bond of friendship and are usually better performers.³ Moreover, a referral program that provides a monetary cash incentive to employees encourages such referrals. It can also reduce costs per hire for the employer.

College and University Recruiting

A good source of entry-level hires is college and university recruiting. Large organizations often have an entire HR group devoted to college recruiting. This type of recruitment can be highly effective when capitalizing on school ties, using existing employee alumni to join recruiters on campus during recruitment fairs. Delivering presentations and talking about the culture of your organization and the career path opportunities are going to be highly valued with this resource. With today’s technology, many recruitment activities include virtual information webinars and videos that showcase the organization—very much like the colleges and universities themselves use when attracting students to their school.

Professional and Trade Associations

If the employer is a member of an industrial association, there are frequently job posting services offered by such associations, and they are usually free. Also, if the employer sponsors its professional employees with membership in their professional trade associations, here again is another source of posting a job vacancy. These can also include alumni associations.

Diversity Groups

Diversity groups are sometimes called employee affinity groups. They typically are organized along race, gender, disability, or veteran status (for example, African-American Employees Association, Women Engineers Club, and AB Trucking Veterans Association). Sometimes they are sponsored by employers, sometimes they are not. Often, employers provide meeting space and refreshments in exchange for conversations with the groups on topics of diversity management, employee relations, employee development, and so on. Such groups can be a valuable resource for employer human resource management. Diversity groups should be included in external recruiting efforts, encouraging further referrals of job candidates from minority, female, disabled, and veteran populations.

Supplies and Vendors

Although it’s often an overlooked source, your organization’s vendors and suppliers can “spread the word” about your vacancies. A word of caution, though, if you use a monetary referral incentive—you don’t want to necessarily be known as a poacher or a client that hires away the vendor’s/supplier’s own employees. That might cause you a greater headache.

Candidate Pipelines

This is where the value of an applicant tracking system (discussed later in this chapter) comes into play. Having a database coded with prospective applicants who may have interviewed for other positions, or perhaps have already been interviewed and determined to be qualified for the current vacant position and a candidate for cultural fit, can be very useful. Perhaps they were not selected for a previous position because there was only one position and they came in a close second. Previous applicants represent a pool of talent that your organization can quickly and easily identify and contact when a new opening occurs. Courting this group of applicants, in a manner similar to how marketing would court prospective customers and clients, will have a big payoff in cost-effectiveness, not to mention the goodwill it leaves with applicants.

Labor Unions

Labor unions, especially those related to your industry, are a source of applicants. Members will have access to announcements at their local union web site and hiring hall. This source can be a great place to attract talent and skills to cross over to other industries. Of course, if your organization is unionized, pay special attention to the requirements and restrictions the union contract may have related to hiring for vacancies, particularly the notification to union members first before going externally to the public at large.

Job Fairs and Open Houses

Job fairs are designed to bring a number of employers and job seekers alike into a large hall for quick meet-and-greet interviews, exchanging of résumés, and first impressions. This format provides employers a chance to meet a number of potential candidates in a short period of time. These job fairs can be for entry- to mid-level positions. Open houses are where the employer invites job applicants to visit its facilities and do the same meet-and-greet as at a job fair. This provides a noncompetitive atmosphere for the employer and a chance to offer a tour of the working environment. Both job fairs and open houses are cost-effective methods for seasonal hiring, filling positions that have high turnover, such as sales, and hiring for new plant/facility openings.

Walk-Ins

This used to be a reliable method for attracting applicants. Nowadays, if a prospective applicant were to walk in to give their résumé for future openings, they are most likely met with the receptionist advising them that the company only accepts résumés via its online platform and to please visit the company web site. Most walk-ins occur at small mom-and-pop businesses or other retail-associated establishments that are service oriented, such as restaurants and non-chain retail stores. This method is not to be completely discounted, though, because hanging a big sign on your organization’s building stating “Now Hiring” still has a big impact, especially for frontline vacancies and seasonal labor. However, you could provide a kiosk in your lobby for the walk-ins to complete their application online rather than using a pencil-and-paper application process.

Applicant Databases

Applicant databases track applicants’ information for job openings and are standard for the type of recordkeeping needed in both small and large organizations. Applicant tracking systems (ATSs) provide an automated method for monitoring and tracking the information on applicants from the time they first apply to selection (or non-selection) and beyond (such as when a future opening occurs). These systems range from simple Excel spreadsheets to elaborate and sophisticated modules of the human resource information system (HRIS). They provide reports that can be used for EEO-1 reporting and affirmation action plans (AAPs). Federal contractors and organizations with 100 or more employees are required to maintain records of job applicants.

ATSs are helpful for the enormity of the administrative tasks and communications associated with hiring. A hiring management system (HMS) takes the technology up a notch. An HMS integrates with recruiting web sites by moving the candidate’s information directly from input into a database. This reduces errors and allows for faster communication responses via the prescreening capabilities of the HMS. An HMS also provides additional recruitment support by using templates, auto-responders, and standardization of communications. Most HMSs will have advanced report-writing capabilities that can be customized. Table 3-2 provides the typical information that an ATS will track.

Table 3-2  Applicant Tracking Data

Records Retention

The management of employment-related records concerning the legal requirements for retention can be daunting and confusing. The confusion is often a result of the complexity and variety of restrictions imposed by the many laws. Some requirements apply to most employers hiring; others apply to just government contractors and subcontractors. Same or similar records are often required by more than one law, but the periods of retention may vary. Some requirements depend on the industry or the location, and federal as well as state laws in which an employer exists apply. Table 3-3 provides a reference for HR professionals to use when considering documentation that is associated with the recruitment and selection function. A wise approach in considering which documents to retain is to answer the following three questions:

Table 3-2  Federal Record Retention for Recruitment and Selection Records

•   What records must be kept under each federal law?

•   What is the retention period for those records?

•   What is the applicability for each federal law?

Résumés vs. Job Applications

So far, no federal law or regulation requires employers to use job applications or résumé forms in their employment process. That means employers are left to their own devices about how to process job applicants. Evaluating differences among job applicants is the primary task. Carefully crafted job application forms can help HR professionals in that evaluation process.

What is required by federal law is that employers meet the requirements of equal employment opportunity laws and are able to demonstrate that they made their employment decisions without regard to any of the protected categories. Some organizations prefer to use résumés rather than job applications, and in some companies neither is a requirement.

If a job application is used, it can be designed by the employer to contain requests for information the employer deems to be necessary in making the employment decision. Obviously, information categories should not include things such as birth date, race, sex, marital status, or other reference to protected categories.

There are countless ways to write a résumé, and not all of them will contain the same data elements. Further, résumés almost never provide written authorization for employers to gather information from previous employers. Job application forms can be designed with those authorizations and liability release statements to facilitate background checking.

Online vs. Hard Copy

Many people today prefer to dispense with paper copies of documents, and there are legitimate environmental reasons for moving to electronic copies. There are advantages to each approach.

Hard-Copy Records  Job applications and résumés can provide an insight into the candidate’s organization and language skills. Sloppiness and misspellings can be readily detected on paper records. Asking applicants to fill out a form can offer some insights into their reading skill, handwriting, and written articulation. When such records are converted to electronic format, the same types of information may not be as obvious.

Online Records  The most obvious advantage of electronic records is that they can be shared by multiple people at the same time. In the case of group interviews, this can be particularly nice. Many years ago there were problems with the legality of electronic signatures on e-documents. The Uniform Electronic Transactions Act of 1999⁴ remedied that problem for the most part.

Self-Identification

Invitations to self-identify as part of the application process should be treated as confidential, just as all other HR data is considered confidential. We know from the Fair Labor Standards Act (see Chapter 2) and the EEOC requirement for annual filing of the EEO-1 report that many employers are required to establish and maintain records of employee demographics. The categories of information are for race, gender/sex, veteran, and disabled status.

Race and Gender/Sex

All employers with 100 or more employees and all federal contractors with 50 or more employees and contracts of $50,000 or more (or a construction contract valued at $10,000 or more) must maintain sex and ethnic identification of each employee.

There are seven race/ethnic categories on the EEO-1 form. So, an invitation to self-identify given to employees and job applicants should contain all seven categories. They are as follows:

•   Hispanic or Latino

•   White

•   Black or African-American

•   Native Hawaiian or other Pacific Islander

•   Asian

•   American Indian or Alaska Native

•   Two or more races

When an employee fails to self-identify, the employer is responsible for making an observation and best guess as to the race category in which the employee should be reported. If the employee later decides to report their race/ethnicity, that information should be accepted and recorded by the employer. The invitation to self-identify should also ask for identification of gender/sex, either male or female. Again, if the individual refuses to self-identify, the employer is obligated to make a selection based on observation.

Veteran and Disabled Status

Federal contractors with $25,000 or more in contract value must abide by regulations related to affirmative action requirements for the disabled and veterans. As of 2014, all federal contractors are required to invite self-identification as disabled and veteran from both applicants and employees. When talking about veterans, we mean U.S. veterans. Someone who has served in the armed forces of a foreign country is not included in the government’s definition.

The EEOC has determined that it is acceptable to request identification of disability prior to an employment offer being extended as long as the invitation form is the one specified by the Office of Federal Contract Compliance Programs (OFCCP) and it is in an effort to comply with affirmative action obligations. Of course, any request for accommodation during the application process should be handled as required by the Americans with Disabilities Act.

Each of the four categories of veteran should be clearly identified on the self-ID request form. The four categories are: disabled veteran, recently separated veteran, active duty wartime or campaign badge veteran, and armed forces service medal veteran. The applicant or employee should be able to choose from that list. Also, a brief explanation of each category should be given so the form user can understand what they mean.

The disability identification should be available as a selection, along with an opportunity to request any job accommodation or applicant accommodation that might be desired.

Pre-employment Skill Testing

Some companies test their applicants before in-depth interviews; others do this afterward. It all depends on the nature of the job. As an example, a job vacancy in IT may have applicants taking a coding test to determine whether they possess the coding skill.

Because of EEO concerns, many organizations ceased testing in the 1970s. You might remember from Chapter 2 that the passing of the Uniform Guidelines on Employee Selection Procedures in 1978 addressed these specific concerns. Pre-employment testing may involve the risk of litigation on the grounds that the tests discriminate against minorities, the disabled, or other classes of protection if improperly conducted. However, if property conducted, nondiscriminatory formal tests can be of great benefit in identifying and screening good candidates.

A general guideline that is followed for pre-employment testing is like that of any other phase in the hiring processes: the test must be a valid, reliable, job-related predictor. Care must be taken to comply with the Civil Rights Acts of 1964 and 1991 as well as the ADA and any state laws that may apply and be restrictive to pre-employment testing.

Interviewing Techniques

Interviewing is an important part of the selection process. A large portion of the workforce is hired only after one or more interviews with the prospective employer. Some organizations conduct a series of interviews, ranging from short prescreening interviews to long and in-depth interviews that might last an entire day. The key is to spend sufficient time with the applicant to be able to not only judge their skills and behaviors but also assess whether a “fit” is apparent for the candidate and your company.

Types of Interviews

Employers can select from several primary types of interviews. The types of interviewing styles you will be using, or the hiring managers who you will be coordinating for, will depend on the preference of the interviewer (or interviewers), the situation, and the required consistency that must be kept for legality purposes.

Prescreening

Prescreening interviews are helpful when there is a high volume of candidates for a job vacancy. HR usually conducts the prescreening interview, which puts them in the role of “gatekeeper.” A series of prequalification questions is selected to screen out candidates who do not have the minimum qualifications or whose salary expectations do not fit the organization’s salary range.

Structured

An interviewer asks every applicant the same questions along with follow-up probes that may be different depending on the initial response. Structured interviews make it possible to gather similar information from all candidates.

Patterned

In the patterned interview, sometimes called a targeted interview, an interviewer asks each applicant questions that are from the same knowledge, skill, or ability (KSA) area; however, the questions are not necessarily the same. They differ depending on the candidate’s background. For example, questions asked of a recent college graduate may differ from those asked of a candidate with years of related experience.

Directive

In this type of interview, an interviewer poses specific questions to the candidate, maintaining tight control; it is a highly structured interview. Every candidate is asked the same questions.

Nondirective

In this type of interview, the interviewer asks open-ended questions and provides only general direction; the interviewer allows the candidate to guide the process. A response to one question dictates what the next question will be.

Behavioral

In a behavioral interview, an interviewer focuses on how the applicant previously handled actual situations (real, not hypothetical). The interviewer probes specific situations looking for past behaviors and how the applicant handled those experiences. For example, “give me an example of a time when you held steadfast to your ethical values even though it was unpopular to do so.” The questions probe the knowledge, skills, abilities, and other personal characteristics identified as essential to success on the job. The interviewer looks for three things: a description of an actual situation or task, the action taken, and the result or outcome. The principle behind behavioral interviewing is that past performance is the best predictor of future performance.

Stress

In this type of interview, an interviewer creates an aggressive posture—in other words, deliberately creating some type of stress to see how the candidate reacts to stressful situations. For example, using a room where the candidate has to face an open window with the sun in their eyes can put the candidate under stress. This type of interview is used more often in law enforcement, air traffic control, and similar high-stress occupations. The stress interview was more common in the 1970s and 1980s. Today, it is not recommended because of the likelihood that it will be interpreted as personal bias.

Situational

In a situational interview, the interviewer elicits stories and examples that illustrate the applicant’s skills and qualifications for the job. Situational interviewing is similar to behavioral interviewing; the only difference is that in a behavioral interview, the interviewer is probing for actual past experiences, whereas in a situational interview, the interviewer develops hypothetical situations and asks the applicant how they would handle them.

Group/Panels

Group interviews happen when multiple job candidates are seen by one or more interviewers at the same time. Group interviews are used in specific situations where a number of candidates are being considered for the same job in which the duties are limited and clearly defined, such as a merry-go-round operator. A fishbowl interview brings multiple candidates together to work with each other in an actual group activity or exercise. A team interview typically involves a group of interviewers, each with a different perspective of the actual interactions associated with the job. This might include supervisors, subordinates, peers, customers, and so on. It is like a 360-degree exercise. Finally, in a panel interview, questions are distributed among a group of interviewers, typically those most qualified in a particular area. At the conclusion of the panel interview, the panel caucuses with the purpose of coming to a group consensus regarding the result.

Panels can be structured or unstructured. In the public sector, consistency is often a key factor in selection decisions, so structured interviews are conducted by panels. Panel members will sometimes ask the same question of each candidate, and sometimes the panel members will alternate their selection of questions to be asked. Panel size also varies from two to something more. It is common to see panels composed of three to four individuals. Because this is an expensive approach to interviewing (it requires multiple people to spend time in the interview), it is usually reserved for professional and managerial job selections.

Interviewing Skills and Techniques

Conducting effective interviews requires a range of abilities and skills. The following sections cover guidelines that are known to be effective.

Plan Ahead

Be clear on what the job requirements are by reviewing the job and its description with the hiring manager. Observe the job or interview an incumbent. Ask hiring managers what they plan to change about the job from what the predecessor was doing. This provides an opportunity to help plan the standardization of questions.

Create Rapport

Creating rapport early in the interview process allows applicants to feel more at ease and allows them to open up with dialogue. Remember, the interview is a two-way street—the applicant is also interviewing your organization. This is especially important for interviews conducted over the Internet, as this setting can be more difficult to develop a personal connection.

Listen

Reflective listening is a technique that comes in handy in interviewing. Paraphrase or summarize what the candidate said to ensure you have the correct impression. Be sure you are asking open-ended questions so that the interview offers a 70/30 split—by that we mean the candidate is speaking 70 percent of the time and you are speaking 30 percent of the time.

Nonverbal Behavior

Gestures, expressions, eye movement, and body positions are all helpful in the interview. You should be looking for inconsistencies between applicants’ verbal and nonverbal cues. Of course, any nonverbal behavior is going to have the filter of your subjective interpretation, and this can be especially difficult in videoconferencing settings. Yet, it should be noted if they have difficulty in coming up with examples when asked or appear uneasy about certain inquiries.

Be Inquisitive

Ask questions. The more open-ended questions you can ask, the better the information will be in helping you determine whether you have a viable candidate. From your open-ended questions, you can ask more targeted questions and “peel back the onion” to learn more about the candidate.

You should also plan your questions; this is not the time to wing it. Also, for legal reasons, be sure to follow the list of questions with all the candidates you interview. Start off with questions such as “Tell me about a time when you _____________” and “Describe a time when you were required to _____________.”

Paint a Realistic Picture

As mentioned earlier, the interview is a two-way dialogue where the candidate will also be interviewing the organization, determining whether this is the job they would like to accept if it is offered. To that end, be sure to provide realistic information about the job, the company, and what the applicant can expect if employed. Culture and values would be ideal to discuss. Be honest and forthright in answering the candidate’s questions, yet avoid making promises or making predictions.

Take Notes

It’s perfectly fine to jot down notes using an electronic device, computer, or good old pen and paper. Avoid writing on the applicant’s résumé/application, and never make a note that would be construed as discriminatory in some fashion. Notes will help you document the qualifications and the responses when comparing all the applicants being interviewed.

Be Courteous

Be prepared, be on time, be professional, minimize any disruptions, and be sure you’ve reviewed the applicant’s résumé before they sit in the chair across from you. You are providing an impression about your organization, and having respect for the applicant and their time to interview should be a lasting impression you’ll want to make for your organization.

Interviewing Bias

Hiring managers who interview may inadvertently create EEO problems or make ill-fated selection choices without the proper training and guidance from HR. Hiring is typically not a frequent responsibility of a line manager; it may have been several years since they had to hire an employee. A discussion of some common factors that may create problems in interviewing would be helpful from HR. They include the following:

•   Stereotyping  This involves forming a generalized opinion about how candidates of a particular gender, religion, or race may think, act, feel, or respond. An example would be presuming a woman would prefer to work indoors rather than outdoors.

•   Inconsistency in questioning  This involves asking different questions of different candidates. An example would be asking only the male candidates to describe a time when they used critical-thinking skills in their last job.

•   First-impression error  This is when the interviewer makes a snap judgment and lets their first impression (be it positive or negative) cloud the entire interview. An example is where credence is given to a candidate because the person graduated from an Ivy League college.

•   Negative emphasis  This involves rejecting a candidate on the basis of a small amount of negative information. An example is when a candidate is wearing a large earring plug and in the interviewer’s judgment this is inappropriate. Yet, the job that the candidate is interviewing for is a phone customer service position—there is no customer visual contact.

•   Halo/horn effect  This is when the interviewer allows one strong point that they value to overshadow all other information. Halo is in the candidate’s favor, and horn is in the opposite direction.

•   Nonverbal bias  An undue emphasis is placed on nonverbal cues that are unrelated to potential job performance. An example is a distracting mannerism such as biting nails.

•   Contrast effect  This is when a strong candidate has interviewed after a weak candidate and it makes them appear more qualified than they actually are—only because of the contrast.

•   Similar-to-me error  The interviewer selects candidates based on personal characteristics that they share, rather than job-related criteria. An example would be that both interviewer and candidate attend the same local NFL team’s home games.

•   Cultural noise  This is when a candidate is masking their response, providing what is considered as “politically correct,” and not revealing anything or being factual.

After the Interview

Once you have a candidate that is a good fit for the job and they have accepted all the job conditions you have explained, you can proceed with the last few steps of the hiring process. Often, employers add a few more steps to the screening process. Some state laws require that these activities be completed after a job offer has already been provided to a candidate, so be sure to review your state’s laws on these activities.

Job Offers

Once the candidate has accepted all the job conditions you have explained, it is time to put the offer in writing. The offer letter will detail the compensation, start date, job title, organization, and immediate supervisor. You should have a signature block at the bottom of the letter for the candidate to sign and date as acceptance of the terms. One copy should be returned to you with the signature.

Counteroffers

Sometimes candidates don’t agree with the initial job offer, usually with respect to compensation or benefits. So, you may have a candidate who makes a counteroffer that includes a request for something like more vacation time or a higher amount of pay. It is up to the employer to decide if they want to accept a counteroffer from a candidate. It is important to consider whether the requests in the counteroffer will create any inequity between the candidate and other employees in the same position. This may violate legal requirements such as the Fair Pay Act.

Employment Contracts

An employment contract is an agreement between an employee and the company. It is often reserved for executives or management-level employees. It clearly outlines the obligations of both parties in the employment relationship. In addition to including the information in an offer letter, it may also include a requirement for the employee to stay in the position for a certain amount of time, details on a bonus plan, or a requirement that the employee does not work for a competitor for a certain amount of time after leaving the organization. This is called a noncompete agreement and is common for sales employees. It is wise to consult a legal representative before drafting an employment contract to ensure it is crafted according to state and federal laws.

Background Checks

Job offers are often conditioned upon successful completion of a background check, a reference check, and sometimes even a credit check. In some instances, a job offer could be conditioned on passing a medical evaluation or a drug screening.

Before conducting background or credit checks, review the current legal limitations on their use. The EEOC has issued guidelines on consideration of conviction records because the population of convicted felons includes more members of minority groups. Considering conviction records has a disparate impact on those racial groups. Thus, only if the conviction has a direct relationship to the job content will considering it in the hiring decision be permitted by the EEOC.⁵

References

There may be several types of references your organization requires. They may include the following:

•   Employment references  Information you ascertain from previous employment of the applicant to verify dates of employment, job titles, and type of work performed. Many employers are reluctant to provide more information than name, job title, and dates of employment for privacy reasons, but as long as the information is factual and provided in good faith, most states consider it “qualified privileged,” which protects the reporting employer.

•   Educational references  Used to verify the applicant’s degrees or educational attainment, including years of attendance and requests for transcripts.

•   Financial references  Generally used only when candidates will be handling financial transactions, cash, or other financial resources. Financial references are obtained through one of the three credit reporting bureaus and are subject to requirements of the federal FCRA.

Credential Verification

As with educational references, credential verification may be necessary when a job requires a credential, such as a license or certification. Negligent hiring could occur if an employer did not verify professional or technical certification. Such would be the case if a physician whose license has expired or was revoked performs a procedure that was unsuccessful on a patient.

Public Records

Public records, such as criminal records, can uncover information about violent behavior, substance abuse, and property crimes, such as theft or embezzlement. It can be difficult to extract this level of information if your organization is a private employer, so many times you’ll need to employ an investigative third party that does have the ability and credentials to obtain a public record. Criminal record checks must comply with related FCRA requirements.

Social Media Searches

Not so long ago the idea of checking a candidate’s social media as part of the hiring process was not even considered. Doing so was thought of little value to understanding an applicant’s professional viability. However, that has vastly changed, and checking has since become a much more common screening strategy. How a candidate acts on social media isn’t just a reflection of their professionalism and personality. Their online behavior can also be a sign of how they will represent your business as an employee.

Popularity aside, social media screening can lead to some expensive legal pitfalls. For example, social media accounts often contain a lot of personal information about a person that may alter the decision to hire them, thus violating the FCRA, Title VII of the Civil Rights Act, or EEOC standards. Thankfully, social media screening is now performed by many background check vendors in compliance with federal laws. Adding this service to your background check package is a wise idea. A hefty discrimination claim will cost you much more than the additional vendor fee.

Legal and Privacy Issues

There are privacy issues related to background check information. Keep the data confidential. Only those people having a need to access the content of the results should be allowed access. Records should be secured at all times, so passersby cannot pull open a file drawer and remove documents.

Medical Examinations

Under the Americans with Disabilities Act, employers may require medical examinations only if they are job related and consistent with business necessity and only after an offer of employment has been made to the candidate. The purpose of the exam is so it can be used to determine whether the candidate can perform the essential job functions and/or whether a reasonable accommodation is necessary.

Medical examinations can be completed by a physician specified by the company or, in the case of large employers, in their on-site medical centers. Employers have a right to conduct a medical exam, and it is normally limited to “fitness for duty” situations. Examples are an operator of heavy equipment, an air traffic controller, and a first responder. In some organizations, a particular level of management is required to take a physical exam.

Drug Testing

Employers risk the torts of negligent hiring if they knowingly hire a drug or alcohol abuser who causes harm to someone while on the job. That, along with federal mandates for some employers and/or occupations, is the purpose behind pre-employment drug testing. Validated studies by OSHA have proven that drug-screening pre-employment tests reduce job-related accidents. Drug-screening tests are specifically excluded from the ADA’s medical exam requirement. The successful passing of a drug test may be required prior to extending an offer of employment.

Legal and Privacy Issues

Access to information about applicants should be strictly limited to those people in your organization with a need to know the information. Many states are aggressive protectors of employee and applicant privacy; there are severe penalties for a lack of privacy. Make sure you store an applicant’s medical exam results and drug testing results in a secure location and that they are not left unattended on your computer screen. Only those people with a need to access the content of the files should be allowed access.

Onboarding

Once a job candidate has completed all of the necessary screening requirements, it is time to officially make that person an employee of the organization. In good onboarding, there is an administrative component to help abide by state and federal laws, and there is an employee retention component. We will discuss both in this section.

Administrative Paperwork

Federal laws require a few important forms to be completed when a new employee starts at your organization. In addition, many employers also use this time to review important company documents to help the new employee start on the right foot. It is best to review this paperwork with the employee on their first day of work to ensure any required deadlines are met. Here are some examples of paperwork you should prepare for a new employee:

•   Form W-4  This form collects personal information such as the employee’s number of dependents and marital status to calculate federal income tax withholdings. You will need this information for payroll purposes. Employees may update their W-4 as frequently as they would like, and the employer must keep track of these changes.

•   Enrollment in benefit programs  Benefits enrollment options should be reviewed at the time of hire. Depending on your employer’s benefits plan, employees may be eligible for benefits a few weeks from their hire date.

•   Personal information  Data on race, sex, disability, and veteran status likely needs to be collected for federal requirements, and it is useful to keep an employee’s emergency contact information on file.

•   Confidentiality and non-disclosure agreements  During the course of their jobs, many employees have access to confidential information. Confidential information could range from data in a laboratory testing a new vaccine to customer contact information. It is a good practice to ask employees to sign a legal agreement outlining the employer’s expectations for keeping this information confidential.

•   Employee handbook  Many organizations have a handbook or policy manual that outlines organizational rules, internal processes for abiding by state and federal laws, and benefits such as vacation, sick, and holiday time. Reviewing this document with new employees is a good way to set clear expectations and clarify any questions or concerns early in the employment journey.

Employment Authorization – Form I-9

The Immigration Reform and Control Act of 1986 (see Chapter 2) introduced the requirement for all employees in the United States to provide proof of identity and proof that they have the legal right to work in this country. That law brought us the Form I-9. Every person hired after November 30, 1986 must furnish information on a Form I-9, and the employer must complete the document citing the specific identification presented by the new worker. The employer must also cite the document used to prove the new employee has authorization to work in this country. This form changes from time to time, so employers should visit www.uscis.gov/files/form/i-9.pdf to be sure they are using the most current version of the form.

Form 1-9 includes two components:

•   Proof of identity  Also required for employment is a photo identification of some variety, issued by a governmental agency that contains the individual’s name as well as a current or recent image. This can be a U.S. passport (Passport Book or Passport Card), or in most cases, a driver’s license issued by the state in which the person lives. All states will issue a non-driver identification card if requested to do so. A list of acceptable documents is included on the instructions for Form I-9. The employer must accept any document listed on Form I-9.

•   Proof of work authorization  A Social Security Card number is the usual form of authorization offered by new employees. It does not provide proof of identity because it does not have a photo of the card owner, but it does offer proof that the owner is authorized to work in this country. Documents accepted for work authorization include visas of various types and any other form specified on the instructions for Form I-9. Refer to Chapter 2 for a detailed outline of visa types related to employment.

Employers have 3 workdays from the time of hire to complete Form I-9 and have it ready for inspection by any authorized federal investigator. If, at the end of 3 days, the newly hired employee has not provided the required documentation, the employer is instructed to remove the worker from the payroll. Retaining someone who is not properly documented will represent a violation of the federal law. There are fines per error on Form I-9 and court-imposed fines for retaining illegal aliens on the payroll.

E-Verify System

E-Verify began life as a voluntary program offered by the government as a way for employers to get online verification of new employees’ Social Security numbers. It has evolved into a combination voluntary/involuntary program as federal and state governments mandate portions of the employer community to participate. The program was intended to reduce the number of false positives received when the Social Security Administration was checking new hire reports for invalid Social Security number matches.

The Department of Labor now requires federal contractors who are subject to the affirmative action regulations to participate in E-Verify. And, as time has passed, the accuracy of the Social Security number database has improved.

As of September 2021, eight states require all or most employers to participate in the E-Verify program. An additional 16 states require public employers or contractors to participate, and some local jurisdictions have their own requirements. The message here is that HR professionals should check their local and state requirements frequently so they remain in compliance.

Onboarding for Retention

Employee retention is a practice focused on keeping good employees on the payroll. Many of the HR topics we discuss in later chapters are an important part of the function for this very reason. Starting a new job is stressful, and first impressions are important. It is a common belief that the first 90 days of a worker’s experience on a new job will determine how the relationship goes for the balance of their employment. One way to get off on the right foot is to provide a quality orientation program (also referred to as onboarding) to every new employee.

A strong orientation program will include items such as the following:

•   Welcome by the CEO/senior executive  Providing evidence that senior management cares about employees can begin during orientation. Senior executives who believe it isn’t worth their time convey a strong message also.

•   Discussion about culture  This is an opportunity to discuss the values within the organization. These shared values have a strong influence on the people in the organization and inform how they dress, act, and perform their jobs. What gets rewarded in the organization? What type of image does the employer want to project to the world? What are expectations of ethics?

•   Tour of employee common areas  This can include the cafeteria or break room, the location for labor law compliance posters, and restrooms.

•   Safety equipment and emergency exits  This is often overlooked when it should be on the orientation agenda. If there are emergency breathing apparatuses, eye-wash stations, emergency shutdown switches, first-aid stations, or other important safety points of interest, this is the time to show each new worker where they are.

•   Introduction to co-workers and supervisors  Guide the employees to their new work locations and introduce them to their new co-workers and supervisors, even if they may have met some of them during the interviewing process. Have someone designated to explain where to get office supplies, how to access computer terminals, and who to ask when questions come up. These things are just common employment courtesy.

•   Buddy or mentor  Sometimes the best way for a new employee to understand an organization’s culture is to pair them up with someone who is established in the organization. Having someone a new employee feels safe seeking advice from or asking questions of can allow for a more seamless transition.

Return on Investment

One final aspect to consider for the talent acquisition function is how well it’s working. Return on investment (ROI) is a way of measuring what you put in to a process, divided by the cost of doing it. You want your ROI to be positive, meaning that you get back more than you invest in a process.

There are different ways to measure ROI in recruiting, depending on what factors you are looking at. Measuring recruiting is valuable because it can tell you the cost of each step in the process as well as the overall cost of a new hire, and knowing costs associated with recruiting can help with budgeting for future staffing requirements. We share a few examples next.

Some Ways to Measure Hiring

Valuable recruitment measurements that can be undertaken include the following:

•   Time to fill  How long it takes from the time you advertise a job until someone is actually on the payroll. This can be monitored separately for various candidate sources (social media, employer web site, professional associations, or other sources). The goal is to ultimately shorten the time to fill.

•   Quality of hire  Considerations include the job performance rating of new hires, the percentage of new hires promoted within a year, the percentage of new hires retained after a year, and any number of other possibilities.

•   Employee retention  Grasps the percentage of new hires that are retained for a year (or any other designated period of time) after they have been hired.

•   Turnover cost  The opposite of retention, turnover measures the rate of employee loss. It can include unemployment insurance expense, workers’ compensation expense, the cost of training a replacement, the cost of recruiting and hiring a new employee, and other factors.

•   Cost per hire  This formula looks at the number of hires in a given time period and the costs to obtain them. It enables you to derive expenses for each new hire stated as an average.

Chapter Review

The talent acquisition process covers a wide range of knowledge and responsibility. Many laws impact this area of HR responsibility that the early HR career professional will need to follow. Also, a great deal of skill will need to be developed. It takes some time for HR professionals to acquire the skills for effective interviewing. Just as important is the level of creativity needed for the functions of sourcing viable candidates for job vacancies.

From job postings to reference checks and from illegal employment discrimination to legal hiring practices, HR professionals have extensive responsibilities and knowledge requirements. The laws impacting this function area will be an important foundation to understanding the methods and techniques utilized in recruitment and selection.

Questions

1.   Lebron serves as the HR director for a startup company, and his bosses want him to hire people quickly, so they have given him some tests to use in the screening process. He was told to hire the applicants with the best scores. Are these tests something Lebron should use?

A.   It is okay to use tests if they are job specific in their measurement.

B.   No way. He should not use any tests that he hasn’t bought from a legitimate test publisher.

C.   Tests are just fine. He should be sure the passing scores are set so they can get the best people.

D.   If the boss says to use the tests, he has little choice. He just has to be sure to score them properly.

2.   AB Trucking has had a policy that nobody will be hired unless they complete the company’s job application. Now, all of the job applications are being processed online, and some applicants want to submit their résumés instead of a job application form. What can AB Trucking do about the résumé vs. application controversy?

A.   It is entirely up to the company how it wants to handle the policy. Application forms are not a legal requirement, but using them is generally considered a best practice in the employment arena. Job candidates can be forced to go through the company’s process of completing an application form, online or offline.

B.   The government has set up regulations that say employers have to accept résumés if they are submitted in a job search. The company doesn’t really have any choice but to accept them.

C.   Job applications are old-school. Almost no employer uses them these days. The company should change its policy and use only résumés in the future.

D.   Résumés don’t have all the information that can be gathered on a job application, and people lie on résumés anyway. That alone is reason for the company to continue using its job application forms.

3.   An employee in Cortez’s organization came to him and suggested that she and her co-worker could consolidate their duties into one job and each work part-time. What is this arrangement known as?

A.   Part-time jobbers

B.   Job sharing

C.   Impossible

D.   Double-duty

4.   Abel has been having trouble selecting quality accounting people. Everyone claims to be able to use Excel spreadsheets, but few actually can once they get on the job. In the end, he has had to terminate people because of poor performance. He is thinking he will use a test he saw at the local office-supply warehouse. As Abel’s HR recruiting liaison, what advice would you give him about his plans for testing?

A.   It sounds like a good idea. It certainly could control the cost of turnover. We should try it.

B.   It sounds like a good idea. Will he be able to show that the test actually predicts success on the jobs he wants to use it for? If not, he should find a different screening tool.

C.   It doesn’t sound like a good idea. With everyone talking about the liability of written tests these days, we can’t take that risk for any job.

D.   It doesn’t sound like a good idea. It is going to create more paperwork for HR, and we can’t stand any workload increase.

5.   Which of the following is an in-person recruiting method?

A.   Job board

B.   Job bidding

C.   Job fair

D.   Posting on company web site

6.   What should your organization do if the retention requirements for the same record differ between three laws?

A.   Keep duplicates of each record in different files according to the differing requirements.

B.   Make a judgment about the maximum retention based on the law that has the most importance.

C.   Retain the information for the longest period of time required.

D.   Keep the records for the shortest time required unless it involves a federal contractor.

7.   Which of the following statements is true about medical examinations?

A.   Temporary employees can be required to submit to a medical exam before employment.

B.   Pre-employment health checklists can be requested before an employment offer is made.

C.   Exams must be job related and can be required only after an employment offer is made.

D.   The exam must be completed by the company’s medical staff.

8.   As the employment coordinator for your organization, you have been requested to arrange interviews with three of the top qualified candidates for a customer service position. The interviewers will be a select group of employees from the customer service department who would be the candidate’s co-workers. This is an example of what type of interview?

A.   Stress interview

B.   Group/panel interview

C.   Situational interview

D.   Rapport interview

9.   A job offer letter should be sent to a selected candidate immediately after:

A.   The hiring decision is made.

B.   All contingencies are addressed.

C.   Both parties review the employment contract.

D.   Both parties verbally agree to any relocation expenses.

10.   Leslie is reviewing the list of interview questions the hiring manager has submitted. Which interview question on the hiring manager’s list has the potential to be discriminatory under federal law?

A.   “Are you legally blind?”

B.   “Do you have any relatives who work for our headquarters?”

C.   “The job requires you to lift a 30-pound package once a month and place it on a shelf in the supply closet. Can you do that?”

D.   “Are you older than 18?”

11.   Leslie notices another question on the hiring manager’s list. Which additional question is not allowed because of its discriminatory manner under federal law?

A.   “Did you graduate from high school?”

B.   “Have you ever filed a workers’ compensation claim?”

C.   “Do you have proper documentation to work in the United States?”

D.   “Did you receive any training in the military?”

12.   Which of the following statements indicates a nondirective interview?

A.   The hiring manager asks all applicants the same questions.

B.   The hiring manager purposefully creates a high level of stress.

C.   Each candidate interviewed is asked different questions about the same skill and ability.

D.   The hiring manager’s next question is formulated by the candidate’s response to the previous open-ended question.

13.   Under which of the flexible staffing options would a professional employer organization (PEO) be most likely to provide temporary workers with benefits?

A.   Payrolling

B.   Master vendor contract

C.   Outsourced or managed services

D.   Temp-to-lease arrangement

14.   “Floater” employees are:

A.   Scheduled to work less than a regular workweek on an ongoing basis

B.   Self-employed independent contractors hired on a contract basis for specific functions

C.   People who are employed by the organization, receive a W-2, and fill in on a short-term basis for a temporary period of time and may rotate among several positions or functions

D.   Long-term contracted temporary employees assigned to one department

15.   A benefit of job posting within an organization first is that it:

A.   Provides a cost-effective manner to target a desired pool of applicants at one time

B.   Provides an easy way to create a database for job vacancies

C.   Allows individuals to maximize their career opportunities within a company

D.   Allows existing employees to indicate interest in an opening

16.   Deidre was disappointed in the lack of qualified responses to a recent print media advertisement, causing several of her open vacancies to exist for longer than anticipated. To expand her recruiting efforts, Deidre should utilize all of the following except which one?

A.   College/universities and job fairs

B.   The state employment agency

C.   Employee referrals

D.   Job bidding

17.   Which federal agency is used to investigate charges of discrimination in hiring practices under Title VII?

A.   NLRB

B.   EEOC

C.   Pre-employment hiring board

D.   ADA board

18.   What type of interviewing bias is being applied when the hiring manager is making a judgment about the applicant based on the manner in which they are dressed?

A.   Stereotyping

B.   Negative emphasis

C.   Contrast effect

D.   Cultural noise

19.   When can the Trustworthy Bookkeeping and Tax Preparation organization require a polygraph test of a new employee?

A.   When a candidate is applying for an HR recruiting position

B.   When a candidate is applying for a clerical position

C.   When an accountant candidate is applying for a job in a function that has embezzlement potential

D.   When a candidate is recovering from substance abuse

20.   The hiring manager states the following to an applicant in an interview: “I notice that you are applying for our job and yet you have a lot more knowledge, experience, and skill than is required for the job. How do you feel about working in a job that is lower than your experience indicates you can perform?” The candidate responds with the following statement: “I have always admired and wanted to work at your organization.” What interviewing bias is the candidate portraying?

A.   Halo/horn effect

B.   Underachiever effect

C.   Cultural noise

D.   Similar-to-me error

Answers

1.   1. Remember that it is the user of a test that holds the liability, not the publisher of the test. If a test has been validated to properly predict success in specific jobs with specific knowledge and skill requirements, it can be used for those jobs. Using it for all jobs is not a good idea. If the boss insists, he needs to be told what the consequences can be.

2.   A. The company is not constrained by the government on how it designs its job application process. If it wants to have a certain form completed, it can establish that policy. A decision should be made about what documents it will accept from job applicants. Consistency in how the process is applied is critical in avoiding complaints of bias.

3.   B. Job sharing is where two or more workers collectively work a job on a part-time basis to constitute one full-time equivalent employee.

4.   B. The test should measure Excel skills because those are the predictors of success for Abel’s accounting positions.

5.   C. Job fairs are designed to bring in a number of employers and job seekers alike into a large hall for quick meet-and-greet interviews.

6.   C. When the same or similar records are required by more than one law but the period of retention varies, retain the record for the longer period of time.

7.   C. Only after a job offer is made can an employer require a job candidate to have a medical exam to determine fitness for duty. Only the medical examiner’s conclusions about job fitness may go to the employer, not the actual test results.

8.   B. Group and panel interviews happen when multiple job candidates are interviewed by one or more interviewers at the same time.

9.   A. Time is of the essence. Put it in writing so the candidate has assurance and understanding of what the job offer parameters are and so they can give notice to their current employer when necessary.

10.   A. You may ask questions associated with the applicant’s ability to perform the identified functions of the job. You cannot ask about the nature or severity of a disability or recent or past surgeries.

11.   B. Asking about previous workers’ compensation claims is considered potentially discriminatory and is not relevant to the job. A high school diploma may be required for the position, and eligibility to work in the U.S. is required under the IRCA.

12.   D. With nondirective interviews, the hiring manager will ask open-ended questions and provide only general direction. A response to one question by the candidate dictates what the next question will be.

13.   D. An organization contracts with a temp service assigning a long-term temporary worker who, after a period of time of working for the employer, transfers to the employer’s payroll.

14.   C. Employees who are on the organization’s payroll and fill in for temporary short-term assignments among several positions or departments are known as floaters. They provide continuity of knowledge and experience.

15.   C. It is a morale booster and retention method to offer the existing workforce the opportunity to apply for job vacancies before an employer seeks candidates externally.

16.   D. Job bidding is only for internal existing candidates from the current workforce.

17.   B. The EEOC is the agency responsible for investigating all charges of discrimination under Title VII, rather than pre-employment hiring practices or post-employment activities.

18.   B. Negative emphasis often happens when subjective factors such as dress or nonverbal communication taint the hiring manger’s judgment.

19.   C. Although the Employee Polygraph Protection Act prohibits employers from requiring or requesting pre-employment polygraph exams under most circumstances, if the position has been identified as a high risk for possible embezzlement, this test can be administered as long as all candidates for the same function are examined.

20.   C. Cultural noise is when the candidate skirts the question and is reluctant to tell the interviewer unacceptable facts about themselves.

Endnotes

1.   Internal Revenue Service, “Retiree Annuitants,” accessed on September 21, 2021, https://www.irs.gov/government-entities/federal-state-local-governments/rehired-annuitants

2.   Reuters, “Don’t Treat Contractors Like Employees,” accessed on September 21, 2021, https://www.reuters.com/article/businesspropicks-us-findlaw-dont-treat-c/dont-treat-contractors-like-employees-idUSTRE53063S20090401

3.   SHRM, “Designing and Managing Successful Employee Referral Programs,” accessed on September 27, 2021, https://www.shrm.org/resourcesandtools/tools-and-samples/toolkits/pages/tk-designingandmanagingsuccessfulemployeereferralprograms.aspx

4.   U.S. Congress, “H.R. 1714,” accessed on September 24, 2021, https://www.congress.gov/bill/106th-congress/house-bill/1714/text

5.   U.S. Equal Employment Opportunity Commission, “Pre-Employment Inquiries and Arrest & Conviction,” accessed on September 24, 2021, https://www.eeoc.gov/pre-employment-inquiries-and-arrest-conviction