No one knows better than you—the employer—your jobs and the knowledge, skills and abilities needed to do them.
There are several hurdles, however, that can hinder the process of finding the right talent to fill those jobs.
The SHRM Online article Study: Most Job Seekers Abandon Online Job Applications identifies a myriad of problems with current application systems, including inaccurate job descriptions and long applications that hinder hiring efforts.
State and local laws restricting what information about candidates employers can obtain, when they can obtain it and how they can obtain it are being enacted at a frenetic pace.
For instance, in the post Conspicuous but not Clear Violates FCRA, Christine V. Walters, J.D., MAS, SHRM-SCP, SPHR, notes, “If your company uses a third-party vendor or other ‘consumer reporting agency’ to obtain background reports (criminal, credit, employment history, education, etc.), ensure you are providing proper notices. The federal Fair Credit Reporting Act (FCRA) requires employers who obtain a consumer report on a job applicant (or employee) to provide the applicant with a ‘clear and conspicuous disclosure’ giving the employer permission to obtain the report. That notice must be ‘in a document that consists solely of the disclosure’ (the ‘standalone document’ requirement). Many states have laws that require similar notice(s). In a recent case, the prospective employer failed to meet either requirement.”
In a webcast, also recently presented on the “Smart Stage” at SHRM’s Talent Management Conference & Exposition in Nashville, Walters identifies a “Top Ten” list of legislative, regulatory and legal trends impacting recruitment, selection and hiring practices, policies, and programs:
- Criminal history (B-to-B)
- Credit history
- Salary history
- Fair pay
- Pay transparency
- Fair scheduling
- Testing, KSAs
- Testing, substance-abuse
- Prohibited inquiries/protected status
- Adverse impact tracking
How can you perfect and protect your hiring processes? Join us as we review some of these trends and share how they are impacting your HR practices and learn what others are doing.
Please join @shrmnextchat at 3 p.m. ET on July 17 for #Nextchat with special guest Christine V. Walters, J.D., MAS, SHRM-SCP, SPHR (@christinevbw). We’ll chat about tips to avoid legal traps and pitfalls in selection procedures.
Q1. What are your biggest headaches today when it comes to sourcing candidates for your open jobs?
Q2. What are some simple tips for avoiding poorly written job descriptions that can get employers into legal hot water?
Q3. What are the biggest legal pitfalls in the interview process concerning what should and should not be asked and how have you modified your organization’s interviews?
Q4. Should a federal law be enacted to ban salary history inquiries? What are the business reasons for requesting that information from a job applicant?
Q5. Substance abuse testing: Have you modified your substance-abuse testing policy or practice in light of medical marijuana laws? If so, how?
Q6. Pay transparency: Some states have proposed laws that would require an employer to include the salary it pays in a job ad. Do you include that information in your job ads now? If not, why not?
Q7. What laws do employers need to consider when conducting reference and background checks?
Q8. What are the best resources for HR to keep up to date and compliant with all federal and state employment rules, laws and acts?
Miss this #Nextchat? You can read the RECAP with all the tweets here.