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					EEO, RECRUITMENT, AND
      SELECTION

                     In-house
          External




                                State Personnel Division
         Job
         Profile
                                             Presenters:
                                         Christy Stapley
                                           Joe Hamilton
                                            Linda Davis


Sep-11                                           1
New Recruitment and
Selection Rules
 Added the following:
     Sexual Orientation
     An agency may not select an individual for permanent
     status employment without a competitive recruitment
     process
     "Internet applicant"
     Reasonable accommodation - adjustments to work
     schedules to accommodate an individual’s religious
     beliefs or practices
     New rule - Limited reemployment for retirees
     A selection may be made from any of the most
     qualified group of applicants.
 Sep-11                                             2
New Recruitment and
Selection Rules
 Improved Rules:
     Definitions
     Internal Recruitment
     External Recruitment
     Equal Employment Opportunities
     Development of Selection Procedures
     Evaluation of Qualifications
     Access to Documentation and Confidentiality


 Sep-11                                     3
Recruitment and Selection Process
 EEO Laws, Discrimination, and
   Employment Preference                       Screening




  Developing a Selection Plan
                                        Employment Interviews



Developing a Selection Procedures      Making Reference and Other
                                          Background Checks



                                    Documentation, Process Review and
            Recruiting                  Making the Final Decision

   Sep-11                                                   4
Equal Employment Opportunity

 EEO Laws

 Preference Laws

 Discrimination


            EEO Laws, Discrimination, and
 Sep-11       Employment Preference         5
Federal Laws
The Equal Employment Opportunity Commission
(EEOC) enforces five statutes that prohibit job
discrimination:
  Title VII of the Civil Rights Act of 1964 (Title VII)
  Age Discrimination in Employment Act of 1967 (ADEA)
  Americans With Disabilities Act of 1990 (ADA)
  Equal Pay Act of 1967 (EPA)
  Civil Rights Act of 1991
U.S. Department Justice
  Immigration Reform and Control Act of 1986

                EEO Laws, Discrimination, and
 Sep-11           Employment Preference         6
State EEO Laws
The Montana Human Rights Bureau enforces:
   Montana Human Rights Act
   Governmental Code of Fair Practices
   Montana Maternity Leave Act
               Recruitment and Selection Manual
          Appendix 1 – Federal And State Equal Employment
           Opportunity Laws, Law Table and Pre-employment
                      Inquires: Suspect Questions


                   EEO Laws, Discrimination, and
 Sep-11              Employment Preference            7
Other Related State Laws
 The Constitution of the State of Montana
 Comparable Worth Statute (DOA)
 Veterans' Public Employment Preference
 Persons with Disabilities Public Employment
 Preference
 Hiring preference for residents of Indian
 reservations for state jobs within reservation
 Nepotism Statute (Standards of Conduct)

                EEO Laws, Discrimination, and
 Sep-11           Employment Preference         8
Montana Constitution, Article II
 Section 4. Individual dignity. The dignity
 of the human being is inviolable. No person
 shall be denied the equal protection of the
 laws. Neither the state nor any person, firm,
 corporation, or institution shall discriminate
 against any person in the exercise of his
 civil or political rights on account of race,
 color, sex, culture, social origin or
 condition, or political or religious ideas.

              EEO Laws, Discrimination, and
 Sep-11         Employment Preference         9
Governor’s Executive Orders and
State Government Rules
There are also rules adopted by state government, both
internally as well as in the Administrative Rules of Montana
(ARM) and Executive Orders issued by the Governor.
   Governor’s Executive Order 24-81 (Establishing State’s EEO
   Program)
   Governor’s Executive Order 7-82 (Prohibiting Sexual
   Harassment)
   Human Rights Bureau and Commission Rules
   Nondiscrimination-EEO Rules
   Recruitment and Selection Rules
   Employment Preference Rules


                    EEO Laws, Discrimination, and
 Sep-11               Employment Preference              10
Resources on EEO
 http://hr.mt.gov/HRServices/policies.asp
     Recruitment and Selection
     Nondiscrimination – EEO
 http://hr.mt.gov/HRServices/guides.asp
     Nondiscrimination –EEO Guide
     Recruitment and Selection Manual



                EEO Laws, Discrimination, and
 Sep-11           Employment Preference         11
Employment Preferences
                            Some applicants are eligible
                            to receive preference in
                            recruitment and selection.
                            There are six types of
                            employment preference to
                            consider.
                            You should work with your
                            agency human resource
                            office when applying any
                            preference to a selection.

          EEO Laws, Discrimination, and
 Sep-11     Employment Preference                12
Applying Preferences
  Workers' Compensation Return-To-Work
  Veterans' Employment Preference
  Persons with Disabilities Employment Preference
  Indian Employment Preference
  State Employee Protection Act
  Reduction in Work Force – reinstatement


               EEO Laws, Discrimination, and
 Sep-11          Employment Preference         13
Workers' Compensation
Return-To-Work Preference
Medical Release
Within 2 years of the date of injury
“…the worker must be given a
preference over other applicants for a
comparable position that becomes
vacant if the position is consistent with
the worker's physical condition and
vocational abilities.‖ 39-71-317, MCA
Original employer

                EEO Laws, Discrimination, and
 Sep-11           Employment Preference         14
Veterans' Employment
Preference
Initial hiring (external recruitment)
Scored procedures:
   Eligible veterans receive - 5%.
   Disabled veterans and eligible relatives - 10%.
Selection procedures not scored (+ √ –) - a “tie-
breaker” - substantially equal.
Note: Substantially equal qualified doesn’t mean two or
more applicants are exactly equal.

              Recruitment and Selection Manual
      Appendix 2 - Veterans' Preference Scoring Procedures

                     EEO Laws, Discrimination, and
 Sep-11                Employment Preference             15
Persons with Disabilities
Employment Preference
 Initial hiring (external recruitment)
 Substantially equal qualifications for a
 disabled person or spouse - a ―tie-breaker‖
 PHHS Certification (Voc Rehab Offices)
 Note: Substantially equal qualified doesn’t
 mean two or more applicants are exactly equal.


                EEO Laws, Discrimination, and
 Sep-11           Employment Preference         16
Indian Employment
Preference
2-18-111, MCA– A state
agency operating within an
Indian reservation must give a
preference in hiring to an Indian
resident of the reservation who
is substantially equally
qualified for the job.


              EEO Laws, Discrimination, and
 Sep-11         Employment Preference         17
State Employee
Protection Act
 The following benefits are available to laid
 off state employees:
     Special Job Registry for 2 years that agencies
     may hire employee from - Mine website
     Job retraining and career development programs
     State's group health insurance plan for a period
     of six
     Leave sick leave and/or annual leave credit in
     the payroll system

                 EEO Laws, Discrimination, and
 Sep-11            Employment Preference         18
Job Registry – Mine website




          EEO Laws, Discrimination, and
 Sep-11     Employment Preference         19
Reduction in Work Force

   ARM 2.21.5005, et seq - Laid-off
   employees have reinstatement rights
   within their own agencies to the same job
   or a job in the same class. This preference
   lasts for one year from the lay-off.



              EEO Laws, Discrimination, and
 Sep-11         Employment Preference         20
Medical Examination
of Disability Retiree
 19-3-1015, MCA – A member whose disability
 retirement benefit is canceled because the board
 has determined that the member is no longer
 incapacitated must be reinstated to the position
 held by the member immediately before the
 member's retirement or to a position in a
 comparable pay and benefit category with duties
 within the member's capacity if the member was
 an employee of the state or university.


                EEO Laws, Discrimination, and
 Sep-11           Employment Preference         21
Affirmative Action Goals
 Nondiscrimination-EEO-ARM 2.21.4001,
 et seq. As an equal employment opportunity
 employer, each state agency implements
 and maintains an effective equal
 employment opportunity program.

 This may include a written affirmative
 action plan.


              EEO Laws, Discrimination, and
 Sep-11         Employment Preference         22
What is discrimination?

 Discrimination in employment
 occurs when an employer’s decision
 or practice acts as a barrier to a
 person in a protected group, and
 the employer fails to show that the
 decision or practice legitimately
 job-related.


               EEO Laws, Discrimination, and
 Sep-11          Employment Preference         23
Protected Groups
race                              religion
color                             creed
national origin                   age - all ages
sex - includes                    marital status
pregnancy, maternity, &
                                  mental or physical
sexual harassment                 disability
sexual orientation -              political beliefs - public
state policy
                                  sector

          Retaliation is also protected

                EEO Laws, Discrimination, and
 Sep-11           Employment Preference               24
Major Types of Discrimination

 Disparate Treatment -
 (Intentional Discrimination)

 Adverse Impact –
 (The Big Mistake)




                EEO Laws, Discrimination, and
 Sep-11           Employment Preference         25
Disparate Treatment
The manager who purposely treats an applicant or
employee differently because of the person's
protected status is guilty of disparate treatment.
Examples:
  rejecting all Indian applicants because of the concern that
  one or more of them may not show up for work on time;
  A supervisor makes sexual advances and the employer
  does not take prompt and appropriate action.


                  EEO Laws, Discrimination, and
 Sep-11             Employment Preference             26
Adverse Impact (Disparate Impact)
Discrimination can result from neutral employment
practices, applied to all employees or applicants,
that disproportionately exclude some protected
groups.

Example: Certain educational requirements: -
Education requirements such as high school
diploma or degree have been found to have an
adverse impact on certain protected groups with
less access to these types of criteria.


                   EEO Laws, Discrimination, and
  Sep-11             Employment Preference           27
Legal Discrimination

 Business Necessity


 Bona Fide Occupational
 Qualification (BFOQ)




              EEO Laws, Discrimination, and
 Sep-11         Employment Preference         28
Business Necessity
An employer may legally discriminate if the
employer can prove that the practice is essential to
the safe and efficient operation of the business. In
addition, the employer must show that there’s no
less discriminatory practice that would work.
Customer or co-worker preferences don’t
qualify as a business necessity.
  For example, an employer could prove that bus drivers
  need a level of vision for the safety of passengers. Some
  visually impaired persons would not qualify.

                  EEO Laws, Discrimination, and
 Sep-11             Employment Preference           29
Bona Fide Occupational Qualification

  It is permissible in rare instances to discriminate based
  upon a protected class when it is compelled by business
  necessity. In order to prove that BFOQ is necessary, an
  employer must be able to prove that no one in the
  excluded group could do the job satisfactorily.
  The courts have also allowed employers to hire
  employees of the same sex as that of the client or
  customer when the job directly involved a potential
  invasion of another's privacy.
  Custom or convenience will not justify a BFOQ
  exception.


                   EEO Laws, Discrimination, and
 Sep-11              Employment Preference            30
BFOQ Example
In Montana, Riverside Youth Correctional Facility
has a BFOQ for Correctional Counselors.
Riverside Youth Correctional Facility is a facility
for juvenile girls, which houses the girls in
cottages. The facility hires only females as cottage
care attendants for certain shifts.

This BFOQ applies to shifts when only one
employee is on duty to cover the cottage. The
practice protects female residents' right to privacy.

                 EEO Laws, Discrimination, and
 Sep-11            Employment Preference         31
What does this mean for us?
 State agencies have few professionally
 validated selection devices. Our tests
 could be viewed as subjective.
 In particular, courts hold interviews to the
 same scrutiny as other tests.
 Use caution in establishing criteria for
 selection. Make sure all selection
 procedures are based on a current job
 analysis, are job-related, and that you can
 document their relationship to the job.

                   EEO Laws, Discrimination, and
 Sep-11              Employment Preference         32
Job Qualifications
One of the most problematic aspects of employment
practices from the view point of EEOC is the setting
of job qualifications.
Job qualifications may have been set with business
needs in mind. However, in practice, have exclude
women, minorities, older applicants, or other
protected groups.
Develop qualifications to screen in qualified
applicants not screen them out!

                EEO Laws, Discrimination, and
 Sep-11           Employment Preference         33
Employment tests -Qualifications
 Griggs v. Duke Power Co. The landmark U.S.
 Supreme Court decision of 1971 which
 determined      that   employment      tests   or
 qualifications which screen out minorities or
 women at a higher rate than other candidates
 cannot be used unless the employer proves that
 such a selection method is related to the job for
 which it is used. Such proof must be in the form
 of a validation study.


               EEO Laws, Discrimination, and
 Sep-11          Employment Preference         34
What about these? Adverse Impact
Minimum height requirements – have
disproportionately screen out women &
people of various national origins, such
as Hispanics or Asians.
Certain educational requirements: -
have been found to have an adverse
impact on certain protected groups with
less access to these types of criteria.
Physical agility tests: Tests that
measure physical agility can have an
adverse effect on women. (Cooper’s
Standard – law enforcement testing)
                EEO Laws, Discrimination, and
 Sep-11           Employment Preference         35
All Employment Practices
  The principle applies all
  employment practice and
  all protected groups. Any
  practice that adversely
  affects a disproportionate
  percentage of any protected
  group is unlawful, unless
  justified by business
  necessity.

               EEO Laws, Discrimination, and
 Sep-11          Employment Preference         36
Other Forms of Discrimination
          Perpetuation of Past Discrimination
          Retaliation
          Failure to provide Reasonable
          Accommodation for an employee's or
          applicant’s religious practices or
          disability


            EEO Laws, Discrimination, and
 Sep-11       Employment Preference         37
How can you comply with EEO laws?
 Uniform Guidelines on Employee Selection
 Procedures - your selection process must be both
 valid and reliable to withstand legal challenge.
      Validity means your methods are job-related
      (construct validity, criterion-related validity &
      content validity)
       Reliability means several evaluators can apply your
      procedures consistently.



                   EEO Laws, Discrimination, and
 Sep-11              Employment Preference           38
Construct Validity
 Construct validity - Demonstrated by data
 showing that the selection procedure measures the
 degree to which candidates have identifiable
 characteristics (personality traits) which have been
 determined to be important for successful job
 performance.
 Proving construct validity requires complex
 statistical analyses.
 Intelligence tests are one example of measurement
 instruments that should have construct validity.

                EEO Laws, Discrimination, and
 Sep-11           Employment Preference         39
Criterion-related Validity
 Criterion-related validity-
 Demonstrated by empirical data
 showing that the selection procedure
 is predictive of or significantly
 correlated with important elements of
 job performance.
 Example – If people who score higher
 on a test perform better on the job
 than those with lower test scores, the
 test had criterion validity.

                EEO Laws, Discrimination, and
 Sep-11           Employment Preference         40
Content validity
Content validity –The extent to which the content
of a test (a) represents the subject area or behavior
it is intended to measure and (b) is related to
requirements and qualifications important for
successful job performance.
Example- A computer test for a job that requires
computer work – such as Excel, Microsoft word,
Power Point, Adobe Creative Suite, HTML
                EEO Laws, Discrimination, and
 Sep-11           Employment Preference         41
Content validation is a 3 step process
Job analysis is critical. You must
decide what the job content is and how to
measure it. Validity
You need to develop test items or work
samples that reflect the essence of the
job. Try to develop these so they directly
reflect what a person does on the job.
Validity
Experts who are familiar with the job
need to evaluate the items and agree that
the test procedure accurately reflects the
job. Reliability
                    EEO Laws, Discrimination, and
  Sep-11              Employment Preference         42
Adverse Impact
 After determining your selection devices are
 reliable and valid, you must also make sure they
 don’t adversely affect any protected group.
 The Uniform Selection Guidelines rely on the
 4/5ths or 80% rule. It’s a practical way to focus
 attention on selection rates. To figure out if a
 selection procedure violates the "4/5ths" rule, an
 employer compares the hiring rates for different
 groups. A selection rate for any protected group
 that is less than four-fifths of the rate for the most-
 selected group could point to adverse impact.
                 EEO Laws, Discrimination, and
 Sep-11            Employment Preference         43
Where do I start?
 Each agency shall develop an EEO
 program as provided in:
      the Governmental Code of Fair Practices,
     49-3-201, MCA, and
     the Nondiscrimination-EEO policy, MOM
     Policy 3-0630.
     the Recruitment and Selection policy, MOM
     Policy 3-0165


                EEO Laws, Discrimination, and
 Sep-11           Employment Preference         44
Where do I start? Cont’
 Each agency shall maintain records (electronic) for each job, on sex,
 race and ethnic group for employees and applicants, as provided in
 49-2-102, MCA, and The Uniform Guidelines On Selection
 Procedures, Title 29, CRF Part 1607 and Recruitment and Selection
 policy, MOM Policy 3-0165

 Each agency shall make adverse impact evaluations at least annually
 for each group that is 2% or more of the labor force and develop an
 action plan to correct problem areas as provided in the Uniform
 Guidelines On Selection Procedures, Title 29, CRF Part 1607 and
 Recruitment and Selection policy, MOM Policy 3-0165

 State personnel division, department of administration, shall provide
 the adverse impact report to each agency. Recruitment and Selection
 policy, MOM Policy 3-0165.

                      EEO Laws, Discrimination, and
 Sep-11                 Employment Preference                   45
  Governmental Code of
  Fair Practices
49-3-201. Employment of state and local government personnel.
(1) State and local government officials and supervisory personnel shall
recruit, appoint, assign, train, evaluate, and promote personnel on the basis of
merit and qualifications without regard to race, color, religion, creed, political
ideas, sex, age, marital status, physical or mental disability, or national origin.

(2) All state and local governmental agencies shall:
    (a) promulgate written directives to carry out this policy and to guarantee
equal employment opportunities at all levels of state and local government;
    (b) regularly review their personnel practices to assure compliance; and
    (c) conduct continuing orientation and training programs with emphasis
on human relations and fair employment practices.

(3) The department of administration shall ensure that the entire examination
process, including appraisal of qualifications, is free from bias.



                            EEO Laws, Discrimination, and
      Sep-11                  Employment Preference                     46
What is an Equal Employment
Opportunity Program?
 Utilization Analysis
     Labor Force
     Workforce
 State EEO Categories
 US Census
     EEO Special File
 Action Plan

               EEO Laws, Discrimination, and
 Sep-11          Employment Preference         47
What is Utilization Analysis?
 A comparison of the
 percentage of minority
 and women employees
 in a job group
 (utilization) with the
 percentage of minorities
 and women in the labor
 force (availability).


               EEO Laws, Discrimination, and
 Sep-11          Employment Preference         48
         Labor Force


                              US Census Bureau

                              Census 2000
                              Special EEO File




          EEO Laws, Discrimination, and
Sep-11      Employment Preference           49
Agreement
 Census Bureau entered into an
 agreement with:
     Equal Employment Opportunity
     Commission (EEOC)
     Department of Justice (DOJ)
     Department of Labor (DOL)
     Office of Personnel Management (OPM)


              EEO Laws, Discrimination, and
 Sep-11         Employment Preference         50
Special EEO File
 Census 2000 Special Equal Employment
 Opportunity (EEO) Tabulation
 Serves as the primary external benchmark for
 comparing the race, ethnicity, and sex
 composition of an organization's internal
 workforce, and the equivalent external labor
 market, within a specified geography and
 job category.

              EEO Laws, Discrimination, and
 Sep-11         Employment Preference         51
Geographic Area
                               Montana is used
                               for the relevant
                               labor market in
                               the utilization
                               analysis



          EEO Laws, Discrimination, and
 Sep-11     Employment Preference          52
Action Plan
 Department Organizational Chart
 Department Overview Of Underutilization
 Responsibility For Implementation
 Dissemination EEO Action Plan
 Action-Oriented Programs
 Equal Employment Opportunity Policy Statement
 Complaint Resolution Procedure

               EEO Laws, Discrimination, and
 Sep-11          Employment Preference         53
Identify Barriers
 Employment barriers may be caused by:
     Recruitment Problems–The Department is not attracting
     qualified women and/or minority applicants in numbers
     proportionate to their external availability.
     Selection Problems–The Department’s selection rate for women
     and/or minorities is significantly less than the selection rate for the
     other remaining applicants.
     Upward Mobility Problem–The Department is not advancing
     qualified women and minorities.
     On-the-Job Treatment Problem–The job conditions or the
     Department’s performance evaluation of its employees may have
     adverse impact on women and minorities.


                       EEO Laws, Discrimination, and
 Sep-11                  Employment Preference                     54
Action-Oriented Programs
Hiring
Recruitment
Compensation
Training Program
Harassment &
Discrimination Preventions
Promotion
Termination
               EEO Laws, Discrimination, and
 Sep-11          Employment Preference         55
Recruitment and Selection Process
 EEO Laws, Discrimination, and
   Employment Preference                       Screening




  Developing a Selection Plan
                                        Employment Interviews



Developing a Selection Procedures      Making Reference and Other
                                          Background Checks



                                    Documentation, Process Review and
            Recruiting                  Making the Final Decision

   Sep-11                                                  56
What Is a Selection Plan and Why Have One?
   Definition of a selection plan
   Why have a selection plan?
      So your selection decisions can be defensible later
   Two primary steps in selection planning include:
      Job Analysis
      Identification of selection procedures
   The RS guide will provide you details of the process
   online at: http://hr.mt.gov/HRServices/Guides
   See handout #1-Recruitment and Selection Process



   Sep-11           Developing a Selection Plan    57
                  Job Analysis
It’s the starting point of the selection plan and identifies:
    Major duties and responsibilities
    Their relative importance to the job
    The competencies required to perform the duties
    The qualifications for the job (KSB and education/
    experience requirements)
    Serves as the foundation for supplemental and
    interview questions.
               Recruitment and Selection Manual
  http://hr.mt.gov/HRServices/Guides/recruitmentselectionmanual.asp
       Appendix 3 - Selection Planning Worksheet 1 -- Job Analysis
                        Appendix 4 – Job Profile


Sep-11               Developing a Selection Plan           58
Conducting the Job Analysis
 Start by identifying and describing purpose and
 duty statements
 Decide what duties are essential
 Identify KSB needed to do major duties
 Identify minimum qualifications
 A guide to help you through the this process can
 be found at ―Guidelines For Developing A
 Selection Plan‖
            http://hr.mt.gov/HRServices/guides.asp >>
          Guidelines For Developing A Selection Plan


 Sep-11              Developing a Selection Plan        59
Important Considerations - Job Analysis
 Job Analysis
     Review job analysis each time a vacancy occurs for accuracy
      Three to five major duties cover the most significant demands of
     the job and create a job description.
     Get help from SMEs - Employees who have done the job or are
     currently doing the duties in similar jobs can help.
     Don't forget to analyze job requirements such as physical activities
     or travel.
     You may need to think of alternative methods to perform essential
     duties to comply with the Americans With Disabilities Act.
     See Handout # 2 – ID of Duties HR Tech Example




 Sep-11               Developing a Selection Plan              60
Developing Minimum Qualifications

 Using the job analysis, identify the KSBs that are necessary on the first day of
 the job.
 Review the list of necessary KSBs; remove any that could be acquired in the
 first six months on the job.
 Review the list of necessary KSBs; remove any that can’t be measured.
 Determine the education and experience that provides the minimum level of
 KSBs to perform the job.
 If you’re drafting a vacancy announcement and the job is targeted for
 Affirmative Action consider having the State Personnel review the minimum
 qualifications.
 Identify other KSBs that aren’t necessary but may be desirable. Use these as
 a tiebreaker only when more necessary KSBs are essentially equal.



 Sep-11                   Developing a Selection Plan                   61
Important Considerations-MQ
 You must be prepared to show that requirements are job-related.
 The required MQs should state the lowest qualifications a newly
 hired employee needs to successfully perform the job on the
 first day.
 MQs should be distinguishable among applicants.
 MQs shouldn’t be so narrow that they rule out all applicants
 except those with an ideal background.
 MQs can prevent promoting from lower level positions, limit
 reassignments and mobility, and cause employees to seek
 opportunities elsewhere if too restrictive,
 Build in some flexibility when stating MQs, such as ―an
 equivalent combination of education and experience and list
 them on vacancy announcement.‖
 Limit MQs to competencies you can observe and evaluate.
 See handout # 3 – MQ Guide
 Sep-11             Developing a Selection Plan         62
Example – Major Duty
Human Resource Technician (Pay Band 3):
  Supports Recruitment-Responds independently to a
  wide ranges of questions. Designs and revises recruitment
  forms and processes, provides input to Human Resource
  Specialist on process inefficiencies, and acts as a back-up
  to the Recruitment Specialist. Gathers necessary
  information and documents on time and sends them to the
  proper agency to process the request.




  Sep-11            Developing a Selection Plan       63
Example – KSBs
Human Resource Technician (Pay Band 3):
  Detailed knowledge of recruitment and selection laws,
  regulations (knowledge)
  Skill in operating computer equipment and various
  software packages (Word, Excel, Outlook, PeopleSoft)
  (skill)
  Strong customer service orientation: (behaviors)
    • Develops in-depth understanding of the customer’s
      needs in order to be more helpful
    • Proactively informs customers; resolves problem and
      issues with them
    • Follows up to ensure the customer’s expectations have
      been met.

   Sep-11           Developing a Selection Plan     64
Example – MQ
Human Resource Technician (Pay Band 3):
  Three years related work experience, with an
  emphasis on customer service, public relations,
  organizational, and computer skills;
  or
  Two years of job-related post-secondary course
  work and 1 year of related work experience, with
  an emphasis on customer service and computer
  skills.

  Sep-11         Developing a Selection Plan   65
Special Requirements

 It is critical to identify any special
 requirements necessary to do the job. Does
 the work require a certain license or
 certificate? Does it require travel? Does it
 involve special working conditions?




 Sep-11        Developing a Selection Plan   66
Review/Recap
 Job analysis is the first stage in developing a
 selection plan.
    You establish the major duties and
    responsibilities.
    You identify the knowledge, skills, behaviors
    and MQs needed for success.
    You list special requirements and update the
    job profile.


 Sep-11         Developing a Selection Plan   67
Recruitment and Selection Process
 EEO Laws, Discrimination, and
   Employment Preference                       Screening




  Developing a Selection Plan
                                        Employment Interviews



Developing a Selection Procedures      Making Reference and Other
                                          Background Checks



                                    Documentation, Process Review and
            Recruiting                  Making the Final Decision

   Sep-11                                                  68
Identification of Selection Procedures
Physical tests
Interview
Work sample
Training and experience
Supplemental questions
Written tests
Performance tests
References


                Developing a Selection
Sep-11               Procedures          69
Selection Procedures

      Recruitment and Selection Manual
 Appendix 5 - Selection Planning Worksheet II --
               Selection Procedures
                Can be found at:
    http://hr.mt.gov/HRServices/Guides/RSAppendix.doc




                   Developing a Selection
 Sep-11                 Procedures              70
   Selection Procedure Guidelines

Based on job related information
Developed by job experts
Developed in advance of application review
Developed with written criteria applied consistently
(does not mean identical)
Documented well




                 Developing a Selection
Sep-11                Procedures            71
Example – Supplemental Question
Human Resource Technician:
  A major duty of this position is to support recruitment efforts of the
  department. This includes providing general and specific
  information to applicants and hiring authorities, providing strong
  customer service:
      Develops in-depth understanding of the customer’s needs in
      order to be more helpful
      Proactively informs customers; resolves problem and issues
      with them
      Follows up to make sure that the customer’s expectations have
      been met.
  Please describe your experience and training in customer service.
  Give clear examples. (Customers include internal as well external
  people you served.)


                          Developing a Selection
   Sep-11                      Procedures                      72
Example - Suggested Responses
 Remember, you’re using supplemental questions to evaluate
 minimally qualified applicants.
     When developing questions and suggested responses, try to call on at least
     two job experts who are familiar with the position (experienced
     coworkers, supervisors, or the incumbent)
     Develop suggested responses for each item on the supplement.
     For example, you might design the suggested response for the
     supplemental item, ―customer service orientation,‖ for the Human
     Resource Technician job like this:

 EXCELLENT (+)
     Gave customer service examples covering all the following areas:
     Showed that applicant developed in-depth understanding of the
     customer’s needs in order to be more helpful
     Showed that applicant proactively informed customers and resolved
     problem and issues with them
     Followed up to make sure that the customer’s expectations had been met.
                           Developing a Selection
 Sep-11                         Procedures                           73
Applying Weights and Scoring
 You may want to give greater weight to certain
 questions in the application supplement or
 interview
 You can apply weights not only to individual
 questions, but also to all aspects of the selection
 process
 Applying weights to selection procedures needs to
 happen before you review any applications or
 qualifications

                  Developing a Selection
 Sep-11                Procedures             74
         Important Considerations –
           Selection Procedures
Selection Procedures
    Look at competencies and MQs to see which selection
    procedures will best evaluate the applicants' ability to perform
    the job
     A common combination often includes supplemental
    questions, a performance test, interview, reference and
    occasionally background checks (based on the job)
    If a certain competency is needed to perform several major
    duties, you should use more than one selection procedure to
    evaluate whether applicants have that competency.
    You must develop the procedures you will use before you do
    any screening to reduce potential bias and possible
    discrimination


                       Developing a Selection
Sep-11                      Procedures                       75
Recruitment and Selection Process
 EEO Laws, Discrimination, and
   Employment Preference                       Screening




  Developing a Selection Plan
                                        Employment Interviews



Developing a Selection Procedures      Making Reference and Other
                                          Background Checks



                                    Documentation, Process Review and
            Recruiting                  Making the Final Decision

   Sep-11                                                  76
Recruiting
 Successful recruiting requires a clear picture of the
 job and the competencies applicants need to do
 that job. Your current job analysis lays the
 cornerstone for this process. Be creative!

 Before starting, you may need ―authorization to
 recruit‖ from your agency’s human resource
 office.
                Recruitment and Selection Manual
   Appendix 14 - Miscellaneous Forms and Letters –Example 1.
    Feel free to change the form to fit the needs of your agency.


 Sep-11                      Recruiting                       77
Overview

Job Registry Program and Laid-off employees
Internal and External Recruitment
Vacancy Announcements
Job Service Workforce Centers
State of Montana Employment Information
Advertising the Vacant Position
Information Required with Application


 Sep-11             Recruiting            78
Making the vacancy known
   How do you let potential applicants know you have a
   vacancy?
   Should you recruit internally or externally – or both?
   Should you advertise in the media in addition to posting
   the job?
   How widely should you advertise?
   Should you take special steps to contact special
   recruitment sources?
   And what about the State Employee Protection Act for
   laid-off state employees?

Let’s tackle the last question first.


   Sep-11                    Recruiting                79
Job Registry
  The State Employee Protection Act (2-18-1201, MCA, et
  seq.) - Agencies are encouraged to consider applicants
  included in the job registry before posting vacancies
  externally You are not required to utilize the job registry.

  The job registry is an automated ― self-service‖ process for
  agencies and is located on the MINE website.

  You may use your regular selection procedures and give
  preference to the employee with the longest continuous
  state service.



  Sep-11                   Recruiting                   80
Internal Recruitment
Provides quickest, easiest, and least expensive method
Obtain applicants familiar with the agency & work
environment
Good information on their current performance -Often the
best way to assess how they will perform on the new job
Spend less time orienting the new employee
Most important reason for recruiting internally is simple —
morale - Employees who know your agency offers
opportunities for promotion and career advancement are
more apt to be satisfied, productive, long-term employees.

  Sep-11                  Recruiting                 81
Internal Recruitment cont’
 There are some disadvantages to recruiting
 internally
     May perpetuate biases or discriminatory
     practices
     EEO goals may be difficult to meet
     May create barriers to new ideas/insight
     Internal promotions can result in competition,
     conflict, and changes in working relationships -
     can drive morale down, rather than up.


 Sep-11                Recruiting              82
Consider These Questions
Should you limit recruitment to internal announcements, at
least at first?
Do you have people working in your agency who are
qualified and interested in the job?
Do you have department policies or collective bargaining
agreements requiring internal recruitment?
Would a current employee’s ―institutional knowledge‖ give a
big boost to either job performance or the agency’s mission?
Is the position hard to fill because of stiff requirements in
education, technical ability, and experience?


 Sep-11                   Recruiting                 83
External Recruitment
 New perspectives, experience, behaviors,
 and knowledge to an organization
 Fulfillment of EEO requirements
 Increases diversity in the workforce
 Takes more time and more money


 Sep-11            Recruiting           84
Consider These Questions
 Have you checked with HR to find out about any qualified
 laid off employees from your agency?
 Have you checked the job registry?
 Should you recruit locally, statewide, or nationally and
 determine options such as magazines, newspapers, MT
 employment website? (must post for 5 days)
 What will your budget allow you to spend?
 Have you followed department policy for external
 recruitment?
 Have you considered EEO action plans or collective
 bargaining agreements?
 What size applicant pool do you want to consider?

 Sep-11                 Recruiting                85
Workforce Investment Act
 You may fill a position with a participant in
 on-the-job training, work experience, or other
 programs conducted under the Workforce
 Investment Act such as dislocated worker
 programs, adult and youth programs, welfare-to-
 work programs, Native American programs, and
 school-to-work programs without a competitive
 process, as indicated in the Recruitment and
 Selection Rules.


 Sep-11              Recruiting            86
Difficult To Fill
 In recent years, some occupations have become hard to fill.
     Competition with other employers.
     Shortage of qualified people.
 Some options are available:
     Expanded recruitment
     Extended recruitment
     Continuous recruitment - website 60 days
     Recruitment that targets specific groups
     Increase salary - Broadband – pay flexibility
 Your human resource office can help you with ways to
 tackle the problem.
 Be creative!

 Sep-11                       Recruiting             87
Creative Ad
 Attention desk clerks, receptionists and other customer
 service agents. Like your job but wish you had a
 consistent schedule and weekends off and benefits? This
 position is full time Monday thru Friday 8-5. The ideal
 applicant is self-motivated with good data entry and
 communication skills. Entry level wage is $8.80/hr with
 excellent benefits package to include 3 weeks vacation,
 sick/family leave, and retirement. To find out more call
 444-0000 and leave a message with information to return
 your call.



 Sep-11                 Recruiting                  88
Call Center Ad
 Helena area call center is building an applicant pool for
 future openings. This busy call center does not require
 sales, but is customer-focused, fast paced and requires the
 ability to obtain and provide complex information via
 telephone, while keyboarding into the database. This
 position is full time Monday thru Friday 8-5. The ideal
 applicant is self-motivated with good data entry and
 communication skills. Entry level wage is $11.05/hr with
 excellent benefits package to include 3 weeks vacation,
 sick/family leave, and retirement. To find out more call
 444-0000 and leave a message with information to return
 your call.


 Sep-11                  Recruiting                   89
Vacancy Announcements and
Advertisements
 A vacancy announcement for all positions open to external recruitment
 must be posted with the State of Montana Employment Information
 website: http://mt.gov/statejobs/statejobs.asp for at least five working
 days.

 The State of Montana Employment Information website is maintained
 by the State Personnel Division, Department of Administration.

 Ensure your advertisements have the State of Montana’s recommended
 elements:
              Guidelines For Preparing A Vacancy Announcement
             Guidelines For Preparing A Newspaper Advertisement
                    http://hr.mt.gov/HRServices/guides.asp


 Sep-11                         Recruiting                        90
Post Vacancy


http://statejobs.mt.gov/pls/
mjs/mjs0070w$.startup




 Sep-11           Recruiting   91
Job Service
Workforce Centers
State’s recruitment partner
Provides computers for internet access
Posts job openings to the public
Conducts training on how to apply for a state jobs
Provides application materials to the public
Answers general questions about vacancies & application
procedures
Forwards completed applications to the hiring agency
Provides a computer learning center for classes on how to
use the computer, basic internet job searching, &
completing résumés on-line.

  Sep-11                  Recruiting                 92
Workforce Centers- cont’
Montana Job Service
Offices have implemented
expanded testing services
http://wsd.dli.mt.gov/local/
helena/testing.asp


 Sep-11           Recruiting   93
Skills Tests
These are examples of the tests most commonly
requested:




  Sep-11              Recruiting            94
State of Montana Employment Information
http://mt.gov/statejobs/statejobs.asp




   Sep-11                   Recruiting   95
New Page - draft




 Sep-11      Recruiting   96
New On-line Application-draft


On-line application proto type -
http://test.stateapp.mt.gov/proto/




  Sep-11                Recruiting   97
Recruitment Considerations
 To evaluate education, training, and experience (if
 applicable) decide what you need:
     Employment application
     Supplement responses
     Résumé (if required)
     Transcripts (if required)
 When do you need them? For example: do you
 need transcripts on everyone that applies or just
 the top candidates?


 Sep-11                   Recruiting           98
Recruitment and Selection Process
 EEO Laws, Discrimination, and
   Employment Preference                       Screening




  Developing a Selection Plan
                                        Employment Interviews



Developing a Selection Procedures      Making Reference and Other
                                          Background Checks



                                    Documentation, Process Review and
            Recruiting                  Making the Final Decision

   Sep-11                                                  99
SCREENING




Sep-11   Screening   100
What is Screening?
 A rough assessment of a pool
 of applicants.

 Determines who will continue
 through the selection process.

    Recruitment and Selection Manual
      Appendix 9 – Screening Form




 Sep-11                    Screening   101
Initial Screening
             The initial screening should provide
             a fair, uniform, and consistent pre-
             employment process.
             It helps you decide:
                which applicants aren’t qualified;
                which applicants meet minimum
                qualifications;
                which applicants are better qualified; and
                which applicants you will invite to
                continue through the selection process.


 Sep-11         Screening                            102
What information is used?
 Job application (summaries of past employment
 and education)
 Responses to supplement questions (training and
 experience evaluation)
 Resume (if required)
 Transcripts (if required)
 Test results (if required)
 Documentation of licensure or certification (if
 required)
 Documentation of preference eligibility.


 Sep-11              Screening             103
Screening Factors
 Education
 Experience (general)
 Licensure or Certification (if required)
 Training
 Major Duties (specific experience)
 Knowledge, skills, and behaviors
 (observable)

 Sep-11            Screening                104
Supplement Questions
Supplement questions are a tool for reliably
evaluating an applicant's history.
Supplement questions and training and experience
(TE) evaluations help both employers and applicants.
They provide a relatively quick and economical way
to screen a lot of applicants.
Given the structure of supplements, you can review
key information quickly. You can consistently see if
the applicant has critical competencies.
You don’t have to guess about the duties and
responsibilities an applicant has done in the past.
 Sep-11               Screening              105
Supplement Questions (cont’d)
Applicants understand the requirements of the job and have an equal
opportunity to display their qualifications.
Applicants are more likely to feel they are evaluated on job-related
qualities, rather than on subjective qualities like personality.
Understanding the job requirements, potential applicants won’t apply if
they don’t qualify.
You get to screen applications against suggested responses.
You can rate applicant responses on a single form.
Based on ratings, you can group applicants – for example, best qualified,
qualified, and unqualified. The applicants in the best-qualified group are
the most likely applicants to continue in your selection.

  Sep-11                        Screening                        106
Any drawbacks to supplement
questions?
You have no control how people prepare responses to supplement questions.
That’s why it’s best to use this selection procedure as a screening tool. It
enables a good analysis of an applicant's qualifications, but you’ll need a lot
more information before you decide who to hire. Other selection procedures
will help you get that information in controlled situations.

The applicant shouldn’t have to do a lot of research to answer supplement
questions. For example, supplement questions aren’t the best way to assess an
applicant's knowledge about a specific duty. They can’t measure most skills.
Written communication is an exception, but then, you don’t really know who
wrote the responses.

Potential, qualified applicants might not bother to apply if they have to
complete a supplement question. This happens a lot when the supplement is
too long or labor-intensive. Develop the supplement with care.




Sep-11                           Screening                             107
How do you interpret minimum
qualifications?
 You want everyone involved in screening to
 interpret minimum qualifications (MQs)
 consistently. When assessing MQs, consider the
 following:
     Benefit of the doubt
     Equivalencies
     Definition of a "course"
     Hours of training
     Paid versus unpaid work
     Personal experience


 Sep-11                 Screening          108
Equivalencies
Put your best intentions behind the stock phrase, “an
equivalent combination of education and experience.”
Realize that applicants may have achieved MQs in a
number of ways.
Applicants might qualify through any combination of:
-academic courses      -volunteer experience
-vocational training   -military experience
-work experience       -personal experience



  Sep-11                       Screening          109
Equating education and
experience
 There’s no magic formula
 for equating education and
 experience.
 It’s helpful if everyone
 involved in screening
 shares a common method
 of equating education
 and experience.



 Sep-11              Screening   110
Example
 These might be equivalent qualifications for a
 job requiring a bachelor’s degree and two
 years of relevant experience:
     eight years of experience in the field, especially if it
     shows progress and growth;
     two years of college in a relevant area, plus five
     years of relevant experience;
     an associate’s degree in a relevant area, plus four
     years of relevant experience; or
     a master’s degree in a relevant area, especially if
     the job requires specialized knowledge.

 Sep-11                    Screening                     111
How do you screen applications?
You can use the applicant screening form. You sort and
evaluate training, experience, supplements, and other
application information for each applicant.
List each minimum qualification. List applicants' names, or
coded numbers. Rate each applicant on each MQ. You can
use a ―plus-check-minus‖ (+ √ –) for each area.
   Best Qualified
   Qualified
   Unqualified
Make sure you are comparing each applicant to each stated
qualification. Don’t compare applicants to each other. That
step comes later.


 Sep-11                  Screening                  112
Broad groups
 Once you have compared each applicant to the minimum
 qualifications, you then put applicants into broad groups of
 similar qualifications.
 This approach has several elements:
     You put applicants into groups, based on their similar job-related
     competencies.
     You label the groups to distinguish the applicants – for example,
     unqualified, qualified, best-qualified, or unacceptable, standard,
     above standard.
     Within a group, you consider applicants to be substantially equal.
     You apply appropriate employment preferences among applicants
     who are substantially equally qualified.



 Sep-11                       Screening                        113
Are there other ways
to screen applicants?
 You also can use numerically scored procedures to screen applicants
 at any stage of the screening process. Using this method, you assign
 a numerical value to each applicant for each qualification.

 As with any selection procedure, you need a rating scale to help
 assign scores. For each qualification, design a scale with
 suggestions for each point value.

 Consider these ideas when using numerically scoring procedures:
     Total possible points should add up to 100. This enables you to easily
     set the score in terms of a percentage. In addition, it makes it simple to
     apply percentage points for Veterans' Preference, when appropriate.
     Assign points to each qualification before starting screening.




 Sep-11                           Screening                             114
Example- MQ
 One part of a scale for the Human Resource Technician job might look
 like this:
 Minimum qualification: equivalent of three years’ related work
 experience, with an emphasis on customer service, public relations,
 organizational, and computer skills.
  5 - three or more years of experience in human resources, including
      recruitment and customer service
  4 - three or more years’ experience in human resources, payroll, or
      benefits
  3 - three years of experience in an area emphasizing customer service,
      organizational, and computer skills, but without a strong link to
      human resources
  2 - more than two, less than three years of experience in human
      resources, payroll, or benefits
  1 - less than three years of experience, if no part of the experience has a
      relationship to human resources



 Sep-11                          Screening                           115
Employment Preference and
Screening

 Persons With Disabilities Employment
 Preference

 The Veterans' Employment Preference

 Indian Employment Preference –


 Sep-11          Screening             116
Recruitment and Selection Process
 EEO Laws, Discrimination, and
   Employment Preference                       Screening




  Developing a Selection Plan
                                        Employment Interviews



Developing a Selection Procedures      Making Reference and Other
                                          Background Checks



                                    Documentation, Process Review and
            Recruiting                  Making the Final Decision

   Sep-11                                                  117
THE INTERVIEW



Discrimination
Types of interviews
Behavior based interviewing
Developing interview questions
Anything you shouldn’t ask?
Scheduling and preparation for the interview
Conducting the interview
Common mistakes
Tips
         DISCRIMINATION
DEFINITION
AN INTERVIEW IS A TEST
OBJECTIVE INTERVIEWS




Sep-11       Employment Interviews   119
                         STRUCTURED
                             V.S.
                          INFORMAL
      STRUCTURED                                         INFORMAL
         (objective)                                       (subjective)
 Systematic approach                                 Judging a single characteristic
 Questions developed prior to applicant              Personal bias
 review                                              Quick evaluation
 Same questions for all applicants                   Content isn’t job related
 Suggested responses                                 Inconsistent
 Similar conditions                                  Personal information
 Panel interview                                     Risk of discrimination
 Documentation
 Increases interview as a job success indicator
 Defending final decision

Resource: Guidelines for Developing and
    Conducting the Structured Interview
http://hr.mt.gov/HRServices/guides.asp



   Sep-11                        Employment Interviews                         120
             DEVELOPING
              QUESTIONS
IDENTIFY JOB DUTY & DECIDE WHAT KSB’s YOU
WANT TO ADDRESS
TOOLS
   SkilAnalyzer
   Montana’s competency manual
SUGGESTED RESPONSES (helps to gauge answer)
APPLY WEIGHT (optional)

        Recruitment & Selection Manual, appendixes 11 and 12
                       www.skilanalyzer.com
 http://hr.mt.gov/HRServices/Guides/competencyguide.asp



 Sep-11                  Employment Interviews                 121
                  EXAMPLE OF
                    (Knowledge Based)
         INTERVIEW QUESTION
Position: HR Tech
Duty: Supports Recruitment
    Provides general and specific information to applicants and hiring
    authorities.
Knowledge:
    Detailed knowledge of recruitment and selection laws, regulations
    and procedures
Question:
    Part of the duties of this position require you to provide
    information to applicants and hiring managers. What kind of
    information would you need to have in order to successfully
    communicate this?
Suggested Responses:
    Job profile
    Vacancy announcement
    EEO data (workforce/labor force information)
Sep-11                  Employment Interviews                 122
   BEHAVIOR BASED
INTERVIEW QUESTIONS
Past behavior, best predictor of future
behavior
Actual job related events
Promotes objectivity




Sep-11       Employment Interviews   123
                    EXAMPLE OF:
                    (BEHAVIOR BASED )
           INTERVIEW QUESTION
Position: HR Tech

Duty: Supports Recruitment
   Must Possess strong independent judgment and communication
   skills to tactfully and diplomatically respond, at all times, to a wide
   range of questions about the application and recruitment process.

Behavior: Strong customer service orientation
   Develops in-depth understanding of the customer’s needs in order
   to be more helpful.
   Proactively informs customers; resolves problems and issues with
   them
   Follows up to ensure the customer’s expectations have been met




Sep-11                   Employment Interviews                  124
                      EXAMPLE OF:
                     (BEHAVIOR BASED )
   INTERVIEW QUESTION, cont’d.

Question:
   Tell us about the most difficult customer service experience you’ve ever
   had to handle, perhaps an angry or irate customer. Be specific. Tell us
   what you did and what the outcome was.

Suggested Response:
    describes in-depth understanding of the customer’s needs
    Resolves problems
    Follows up
    SHARE




Sep-11                      Employment Interviews                  125
         EVALUATING THE
            RESPONSE

     • SHARE

     • Probing for Information

     • Evaluating Responses




Sep-11             Employment Interviews   126
                FOLLOW-UP
                 QUESTION

You can ask follow-up questions if the initial
response doesn’t give you the information you need.
Restate the question, using information candidate
gave in the initial response
Example:
    You said the customer calmed down after you listened to
    him. How did you show that you were listening?




Sep-11              Employment Interviews          127
          ANYTHING YOU
         SHOULDN’T ASK?
Questions that give away the answer
Misleading or trick questions
Discriminatory questions




Sep-11          Employment Interviews   128
SCHEDULING,
PREPARATION,
 CONDUCTING
         SCHEDULING

Allow enough time between
interviews
Avoid fatigue, ensure that panel
members are alert
Communicate time and details to
applicants


Sep-11      Employment Interviews   130
         PREPARATION
Assign questions & roles of panel members

Conduct a mock interview

Review all application materials submitted




Sep-11         Employment Interviews    131
    CONDUCTING
Humanizing
Helping the candidate communicate
Warm-up question
Interview setting
Seating Arrangements
Accommodation needed?



  Sep-11        Employment Interviews   132
 INTERVIEW PANEL,
COMMON MISTAKES,
       TIPS
    INTERVIEW PANEL



  Why have a panel?
  Deciding panel members
  How many?



Sep-11      Employment Interviews   134
  COMMON MISTAKES
         Central Tendency
         Leniency
         Halo / Horn
         Contrast / similarity
         Recency




Sep-11      Employment Interviews   135
         INTERVIEW TIPS

Echo, Silence, Summary, Non-Verbal
SHARE
Documentation / Interview Notes
Closing




Sep-11         Employment Interviews   136
KEEP THIS IN MIND…
THE LAW PRESUMES ANY QUESTION
 ASKED IS USED AND BASED ON THE
      FUNCTIONS OF THE JOB




Sep-11     EEmployment Interviews   137
Recruitment and Selection Process
 EEO Laws, Discrimination, and
   Employment Preference                       Screening




  Developing a Selection Plan
                                        Employment Interviews



Developing a Selection Procedures      Making Reference and Other
                                          Background Checks



                                    Documentation, Process Review and
            Recruiting                  Making the Final Decision

   Sep-11                                                  138
 REFERENCE CHECKS
        &
BACKGROUND CHECKS


CHECKING, OBTAINING , PROVIDING REFERENCES
GOOD PREDICTOR?
CONSUMER REPORTS, CRIMINAL CHECKS, OTHER CHECKS
FCRA
HOW TO DECIDE?
LIABILITIES
TIPS, GUIDELINES, & RESOURCES
CHECKING REFERENCES


          Why check references?




               Making Reference and Other
 Sep-11           Background Checks         140
OBTAINING REFERENCES


Why, sometimes difficult, to obtain?
Obtaining the reference



         Recruitment & Selection Manual
                  Appendix 13

               Making Reference and Other
Sep-11            Background Checks         141
PROVIDING REFERENCES

Related MCA
  MCA website
Qualified Privilege
Job Related Information
Agency Policies
Professionalism

          Making Reference and Other
Sep-11       Background Checks         142
     ARE REFERENCES
   A GOOD PREDICTION?
  Predictor?
  Reliability / Validity
  Common biases
  Variables
  Why bother?




                Making Reference and Other
Sep-11             Background Checks         143
CRIMINAL & OTHER TYPES OF
   BACKGROUND CHECKS

Criminal Background
Credit Checks
Other Checks




         Making Reference and Other
Sep-11      Background Checks         144
FAIR CREDIT REPORTING ACT
          (FCRA)
 As an employer, you may use consumer reports when you
 hire new employees and when you evaluate employees for
 promotion, reassignment, and retention , as long as you
 comply with the Fair Credit Reporting Act (FCRA)

 Individuals must be aware that consumer reports may be
 used for employment purposes and agree to such use

 Individuals are notified promptly if information in a
 consumer report may result in a negative employment
 decision, and given a copy of the report and summary of
 their rights
                  Making Reference and Other
 Sep-11              Background Checks             145
HOW TO DECIDE?

Job-Related
Some checks are mandated
Employer responsibilities
   Fair Credit Reporting Act Links



                   For sample formats see:
         Appendix 13, Recruitment & Selection Manual

                      Making Reference and Other
Sep-11                   Background Checks             146
         LIABILITIES

Negligent Hiring
Qualified Privilege
Mandated checks
Occupations that require
background checks


           EMaking Reference and Other
Sep-11        Background Checks          147
     GENERAL GUIDELINES FOR
    REFERENCE & BACKGROUND
            CHECKS
Review
Pay attention
Document
Confidential
Contact your legal counsel, prior to conducting a credit
check




                 Making Reference and Other
Sep-11              Background Checks           148
           IMPORTANT
         CONSIDERATIONS

         Job related
         Questions
         Document
         How many to check?
         Discrepancies or negative information
         Source of reference
         Scheduling the reference check


                Making Reference and Other
Sep-11             Background Checks         149
         RESOURCES FOR
       BACKGROUND CHECKS
Criminal Checks                          Credit Checks
   Montana Criminal Records                   Any consumer reporting agency
   303 North Roberts                          Your agency’s legal counsel /
   P.O. Box 201403                            personnel officer
   Helena, MT 59620-1403
   Phone: (406) 444-3625
   E-mail:                               Violent & Sexual Offenders
   dojitsdpublicrecords@mt.gov                http://www.doj.mt.gov/svor

Driving Records                          Nurse Aide Registry
   DOJ Driving Records                        DPHHS 444-4980

Private Investigator                     Senior or Patient Abuse Registry
   DOA, Procurement Bureau 444-               DPHHS 444-4980
   2575



                         Making Reference and Other
   Sep-11                   Background Checks                       150
Recruitment and Selection Process
 EEO Laws, Discrimination, and
   Employment Preference                      Screening




  Developing a Selection Plan
                                       Employment Interviews



Developing a Selection Procedures     Making Reference and Other
                                         Background Checks



                                    Final Decision, Documentation, &
            Recruiting                       Process Review

   Sep-11                                                  151
 FINAL DECISION
DOCUMENTATION
PROCESS REVEIW
          FINAL DECISION
COMPARE APPLICANTS , REACH CONSENSUS & GROUP
APPLICANTS

OTHER CONSIDERATIONS

MAKE SELECTION

AGENCY PROCEDURE

NOTIFICATION OF UNSUCCESSFUL APPLICANTS


                          Resource:
         Recruitment & Selection Manual, Appendix 14



                   Final Decision, Documentation, &
Sep-11                     Process Review              153
    WHAT IF YOU ARE NOT
SATISFIED WITH THE FINALISTS?


         You have no obligation to
         hire   anyone if   you’re
         uncomfortable with final
         applicants

         Before deciding




                   Final Decision, Documentation, &
Sep-11                     Process Review             154
          DOCUMENTATION
IN RECRUITING FILE
     Job Analysis
     KSBs
     Selection Plan
     Selection Process
     Copies of tests, questions, reference responses
     Application materials


               Resource: Recruitment & Selection Manual
Appendix 14, Pg 60-61, Selection Process Documentation Memo; Example 3



                     Final Decision, Documentation, &
 Sep-11                      Process Review                    155
          PROCESS REVIEW

  REVIEW PROCESS
         Update or revise your selection procedures/tools for
         the next time around
         What worked / didn’t work?
         Helpful when you have similar vacancies
         Review for any potential discrimination




                    Final Decision, Documentation, &
Sep-11                      Process Review             156
       Recruitment and Selection Process
 EEO Laws, Discrimination, and
   Employment Preference                       Screening




  Developing a Selection Plan
                                        Employment Interviews



Developing a Selection Procedures      Making Reference and Other
                                          Background Checks



                                    Documentation, Process Review and
            Recruiting                  Making the Final Decision

   Sep-11                                                  157

				
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