There is no question that the continuous flood of government regulations, uncertain economic conditions in general, and the impact of legislation such as the Affordable Care Act (Obamacare) resulted in layoffs and a weak hiring rate for many businesses in the recent past. But, as the economy has shown signs of improving, hiring has begun to expand in many, if not most, industries. If President Trump and Congress deliver on the promise of faster growth for the economy, it may well be reflected in a tightening labor market.
That means that finding and hiring those star employees every company seeks will become even more difficult. In fact, in some areas of the economy, such as building and home construction, it is already having a significant impact. This article will focus on providing you as an employer several effective and simple steps that can be taken to assist you in hiring the best candidates possible as job openings arise.
One of the most important steps in conducting effective interviews is the preparation before the interview is even conducted. Interviews can be a time intensive process for businesses. If the wrong person is hired, then additional interviews may need to be conducted shortly after the process was completed. Interviews should only be conducted for people that meet the job requirements for your position and appear to be good candidates. These steps that occur before interviews are conducted are just as important as the interview.
Some large Fortune 500 companies have spent hundreds of thousands of dollars and countless hours creating hiring and interview procedures validated as “job related and consistent with business necessity” by industrial psychologists. Most of those procedures are based on lengthy and detailed job analyses of the knowledge, skills and abilities needed for each position in the operation. They are intended to satisfy the requirements of the EEOC’s Uniform Guidelines on Hiring Procedures which are designed to prevent discrimination in hiring. The vast majority of employers have neither the financial resources nor the time to adopt such sophisticated programs. However, there are several fundamental elements of the more successful programs that can easily be implemented by employers seeking a better process for conducting job interviews of applicants.
Those elements include:
- Panel Interviews – The numerous benefits of panel interviews over individual interviews include multiple sets of eyes and ears on the applicant at one time, more objective and consistent, more reliable because panel members are accountable to each other, evidence to respond to claims of discriminatory questions, and, they are widely recommended by experts and praised by courts as the fairest and most effective means of conducting interviews. A panel of three interviewers is ideal. Some employers even use an additional panel to further screen candidates found acceptable by the first panel. Remember that you may wish to discuss any requirements or necessary qualifications with individuals that are already in the position and work closely with the position to draft questions for the interview panel. They may be aware of tasks or skills that supervisors may miss.
- Train the Interviewers – Those managers and/ or supervisors that will comprise the panel or panels should be trained, not only on the job-related questions that should be asked of all applicants, but-equally important-on those questions and topics that could violate the various workplace employment regulations. Of particular concern are questions that may impinge on Title VII as well as any state law protections.
- Standard Questions – When each applicant is asked and evaluated on the same set of job-related questions, the process can be defended as both objective and consistent. Consistency is the key to all employment decisions and interviews are no different. It also makes comparison of candidates much easier. For example, if the job concerns someone’s ability to make sales on a given product, then you may ask them mock questions concerning their pitch.
- Detailed Notes – Interview notes provide a record of what occurred in the interview. They are quite beneficial in choosing the right candidate after conducting several interviews. Notes can also provide an excellent justification for a hiring decision that is legally challenged later. And interview notes may be clarified, expanded upon and made more useful at any time prior to a legal challenge being raised. Employers should retain copies of interview notes that they use in the hiring process.
By utilizing these four relatively simple steps in conducting job interviews, you will not only improve the level of candidates selected, but you will also have a process that can help defend against failure-to-hire claims that are often made in today’s litigious environment. You will be able to demonstrate that your process is objective and consistently applied in making hiring decisions.
Richard D. Alaniz is a partner at Alaniz Law & Associates, a labor and employment firm based in Houston. He has been at the forefront of labor and employment law for over forty years, including stints with the U.S. Department of Labor and the National Labor Relations Board. Rick is a prolific writer on labor and employment law and conducts frequent seminars to client companies and trade associations across the country. Questions about this article, or requests to subscribe to receive Rick’s monthly articles, can be addressed to Rick at (281) 833-2200 or firstname.lastname@example.org.
See inside August 2018
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