Are Your Hiring Practices Guilty of Accidental Discrimination?

By Lisa 0

Workplace discrimination has always been a hot subject. Yet, in today’s progressive society, employers need to be more conscious than ever in how they hire. By focusing your attention on equality and integrity during your hiring process, you can eliminate accidental discrimination. This will ensure you’re hiring the best candidate for every position. 

Avoid accidentally leaving certain demographics out of the loop. Don’t deprive your company of valuable candidates that could contribute to your company’s bottom line. Read the three major red flags that your hiring practices are discriminatory below. 

You Use Discriminatory Language

Check your job listings, website, and career pages for any discriminatory or preferential language usage. For example, using “he” when referring to a general individual instead of “their.” Also, be careful of using words that usually apply to a specific gender. For example, The Hire Talent says the adjective “dominant” may make the posting seem like it favors male applicants. 

Language preferences can be seen as narrowing down candidates based on race or ethnic group. Avoid writing your entire job post in a different language or peppering in words in another dialect.

Remove every restrictive term from your job description and ensure that everyone in your office, especially human resources and hiring managers, are well-versed and only use non-discriminatory language. Gender-specific job titles, stereotypical descriptions of men or women, and any references to skin color, ethic background, religion, gender identity, or sexuality should be omitted.

Hiring Decisions Are Made on “Gut Feelings”

According to Perception Institute, relying on a gut feeling could result in implicit biases leading to discrimination. Many companies pride themselves on hiring candidates based on connection rather than credentials, but personal connection is subjective. Most of the time, this means people are only being hired based on the opinion of hiring staff or the manager. To avoid implicit bias and discrimination in the hiring process, you should employ a variety of screening measures that ensure applicants are being judged fairly based off their competency, educational background, and commitment to the position.

Your Workplace Lacks Diversity

Take a look at your current employee population; are they all from the same ethnic background, or is there a major discrepancy between gender in various positions? If you only hire women to work in support positions and men for high-level roles, you could be at risk of discriminatory hiring practices. 

Go through your current list of resumes and see what type of candidates are applying to your company. If you find there is also limited diversity among applicants, this could strongly indicate discriminatory phrasing in your job listings. 

Take a closer look at who is hiring and make sure that your staff completes cultural sensitivity and discrimination training. Sometimes, just learning about the impact of subconscious bias can make people more aware and less likely to discriminate.

Still have questions on the best way to avoid a lawsuit on discriminatory hiring practices? Speak to the experienced attorneys at Lum Law Group today!

3 Interview Questions to Stop Asking in California

By Jessica Suotmaa 0

If you’re a small business owner who isn’t accustomed to hiring, you’re probably unaware that many of the common interview questions from “back in the day” are now illegal to ask in California. We’ve divided this article into two sections: the three questions you need to stop asking now, and the three questions you should’ve stopped asking yesterday. Read on for how you can protect your business from employment discrimination claims.

Stop Asking These Questions Today!

1. “What are you making now?” Or, “How much were you making at your previous position?”

Remember when job ads would require a “five year salary history” in the cover letter? Those days are gone in California.

Previously, hiring managers might ask how much a job candidate was making, or is currently making, and decide which candidate would be the “cheapest” to hire.  Hiring managers may also offer different compensation packages based on current or prior salary history. As a result, if there was a wage gap between men and women, that wage gap was further increased with each new job offer.

California passed AB168 in 2017, which went into effect January of 2018, prohibiting employers from asking for a “salary history” or inquire how much a candidate is or was making at a previous position.

Note: If a potential hire reasonably requests a “pay scale“, you are required to provide it.  AB2282 clarifies that a pay scale is a salary or hourly wage for the open job position and does not have to include bonuses or other benefits.

2. “Have you ever been convicted of a crime?” or “Check here if you have criminal convictions.”

Gone are the days of asking an applicant about their criminal history at the interview.  California requires employers to discover any criminal history in the background check process. The bill, AB1008 was signed into effect in 2017 following the lead of San Francisco and Los Angeles cities, banning employers with five employees or more from asking about a candidate’s criminal history on job applications.

You don’t begin the background check process until after you have extended an offer of employment. You cannot run a background check before offering the position to the candidate.  If the background check results prevent you from hiring the candidate, you are required to follow these steps:

  1. Inform the candidate of the results and explain why you’re rescinding the offer.
  2. Provide a copy of the background check report (if available).
  3. Allow the candidate five (5) days to respond and defend themselves.
  4. If the candidate responds to the decision, you are to wait five (5) more days to consider his or her defense.

Note: The exception to the rule are employers who run medical facilities and hire employees who have access to drugs.

3. “How’s your credit score?” Or, “Will you consent to sharing your credit report?”

Where previously potential employers could obtain an applicant’s credit information as part of the on-boarding process, California now limits it to certain occupations.  You can no longer slip in credit consent forms into the offer package, nor can you judge a candidate’s hire-ability based on their credit report.

California limits the use of credit history in employment decisions, but does not outlaw it.  The following are exceptions to the rule:

  • Department of Justice employees
  • Managerial position
  • Peace officer or Law enforcement officer
  • Any position wherein a credit check is required by law
  • Position wherein an employee would regularly access credit card information
  • Position where an employee is a signatory for an employer’s bank or credit card account, or authorized to transfer funds
  • Position that involves access to confidential or proprietary information
  • Position that involves access to $10,000 or more of cash.

 

Are you not sure what you can ask now? Do you have questions about your job description? Contact us today!

 

3 Interview Questions You Didn't Know Were Illegal

By Jessica Suotmaa 0

You may prepare legally sound interview questions for your job interview.  Maybe you consulted an HR company, asked a mentor for a copy of their interview questions, or purchased a set. However, did you know that the interview does not just consist of the questions you prepared?

The interview starts as soon as you speak to the candidate. It can start in an email thread where you schedule the interview. It can start over the phone when you called the verify information. And lastly, it can start in the waiting area when you’re just shaking hands. Keeping this in mind, here are the three interview questions you didn’t know were illegal.

1. Where are you from?

While this question may seem like innocent small talk to you, it can lead to uncomfortable answers and a feeling of discrimination. This is especially true if you learn that your candidate is not a U.S. citizen, is an immigrant, or part of a special group.

The California Fair Employment and Housing Act (FEHA) prohibits employers from discriminating candidates based on their national origin, race, ethnicity, or ancestry.

We recommend avoiding this question all together by focusing on the “legal right to work in the U.S.” (also known as “work permit”) rather than the standard greeting.

2. Where do you live?

Another common small talk question often asked by employers to see how far the candidate lives from the workplace.  The question leads to talk about commute, method of transportation, and the cost and time it takes to travel to and forth. However, this is a loaded question that suggests you are discriminating a candidate based on the neighborhood they live in.

Note: You can still ask a candidate if they are willing to relocate.

3. What is your availability?

Employers who require overtime work or weekend engagements may ask this question to weed out candidates with religious observances or family responsibilities.

If you were asking these questions, don’t feel bad. A 2015 survey found that one in five employers were asking candidates illegal questions without knowing they were illegal.  But now that you know, you have no excuse.

Still fuzzy on the details? Give us a call and let’s talk.

3 Things You Can Do to Make Interviewing Job Candidates Easier

By Lisa 0

While startup founders are well-known for their skills in selling their business, they’re also known for being smart about hiring.  Small business owners, especially long-term owners or new entrepreneurs, may not be as hiring savvy. If you’re new to the hiring process, here’s a few strategies you can employ for a more successful interview. 

Prepare to Sell the Position

A job interview is a two-way street. The candidate is interviewing you every bit as much as you are interviewing them. You will need to give a candidate a reason to want to work for you, knowing that they may have several employment options available to them. In order to prepare, you should figure out ahead of time what the selling points of your organization are and prepare an elevator pitch.  Rehearse how to work them into the interview. Expect that every candidate who walks in the door will be the right candidate for the job and be ready ahead of time to seal the deal.

Prepare Questions Beforehand

Job interviews are generally not very long. Before you know it, you are saying goodbye to the job candidate and sending them on their way. Wasting time during an interview helps neither you nor the candidate.  By taking some time before the interview to plan the flow of the interview and the questions you’ll be asking, you can use the scheduled time more effectively.  Just like you can sense that a candidate came unprepared, they can sense the same of you.  Not only does a little preparation go a long way to making a good impression, it also helps to guide the conversation. Come up with a few questions that you believe will give you a sense of your candidate’s abilities. It’s also a good idea to know who you can and can’t hire.

Practice Active Listening

President Lyndon Johnson once said, “You aren’t learning anything when you’re talking.” This holds true when you are conducting an interview as talking too much is one of the common mistakes that interviewers make. While you want to sell your company, an interview is also your chance to see how a job candidate handles certain situations and responds to pressure. It is difficult to get a sense of the candidate when you are the one who is doing all of the talking. At the same time, practicing active listening does not necessarily equal silence as it is possible to listen and still participate in the conversation.

By knowing ahead of time how best to conduct a job interview, you can go a long way to ensuring that interview will be productive.  A good job interview helps you schedule fewer interviews, spend less time interviewing, and ultimately find the right candidate quicker.

If you would like share your interviewing tips and experiences with other new employers, please comment below!