2022 Interviewing: Best Practices and Compliance Guidelines

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MP: Good afternoon, thank you for joining us for an MP webinar covering the 2022 interviewing best practices and compliance guidelines i’m katie crater marketing specialist here at MP.

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MP: For those of you joining us on a webinar for the first time NP is a full service human capital management company.

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MP: We offer complete suite of products and services to support organizations, through the entire employee lifecycle including recruiting HR payroll.

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MP: Benefits administration time and attendance and compliance assistance we support our clients with cutting edge technical solutions, as well as proactive reliable service a deep HR and payroll expertise at Mt we are wired for HR and help our clients.

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MP: succeed by aligning their people strategy with their business goals.

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MP: i’m excited to introduce your presenter for today’s program Sarah Sarah says sherm certified HR partner at NP.

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MP: Providing HR support to businesses of all sizes in a variety of industries, she assist business owners and managers at all levels of the organization.

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MP: In developing and implementing optimal HR infrastructure, Sarah has her bachelor’s degree in psychology and Business Administration.

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MP: From the University of Texas at Austin and continue her studies and human resource management at Chaplin college in her home state of Vermont she has experience, she has experienced across HR specializing and talent acquisition engagement and wellness.

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MP: A quick legal disclaimer this training is intended for educational and informational purposes, well, we hope that you will learn a lot today, we are not attorneys and information to not be constructed as legal advice.

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MP: Just a few housekeeping issues before we get started here today, if you would like to submit a question during the program please use the q&a feature at the bottom of the screen.

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MP: We will be sending out the recording of the webinar later today, along with the slides with that i’m going to hand them off to Sarah.

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Sarah Speranza: Thank you katie and good afternoon everyone thanks again for joining us today we’re going to start by reviewing the present.

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Sarah Speranza: Presentation topics, as you can see, we have a lot to cover so that’s going to include planning preparing and conducting interviews we’re going to touch on virtual interviews.

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Sarah Speranza: behavioral interviewing techniques, the star approach some all around best practices and we’ll finish up by reviewing compliance and discrimination considerations.

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Sarah Speranza: So in 2022 innovative talent recruitment strategies are crucial, while a bad hire is always a costly thing it’s even more damaging now.

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Sarah Speranza: With the job market, the way it is you know it’s challenging to navigate candidates are commanding higher salaries, sometimes significantly higher than pre pandemic.

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Sarah Speranza: And together all of these concerns are driving costs for employers, right now, so we’re here today to review why employers need some optimized interviewing and selection strategies.

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Sarah Speranza: to attract and land talent in this candidates market right so.

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Sarah Speranza: Basically, the benefits of an effective interviewing and selection process are going to include reduced employee turnover and related costs increase productivity and employee morale and ensuring a consistent process, to avoid any legal claims.

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Sarah Speranza: So first we’re going to talk about what the steps are needed to plan and prepare.

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Sarah Speranza: Conducting interviews, one of the most challenging components of the hiring process.

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Sarah Speranza: For a candidate can be the uncertainty of it right, so they may feel nervous or uncomfortable when they don’t know, for example, how long the process will take or what next steps are.

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Sarah Speranza: Employers can make candidates more at ease when they offer one clear efficient interviewing process, so when a candidate is.

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Sarah Speranza: at any stage of the hiring process their interviewer or HR contact should be prepared to share both what steps will be taken next and a timeline of upcoming events so.

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Sarah Speranza: If interviewers or HR staff provide conflicting information, this is where the candidate could view the conflict as a sign of a disorganized or chaotic workplace.

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Sarah Speranza: Candidates may drop out if they have to perform too many interviews are way too long for decisions, and so this scenario is especially prevalent now when candidates are in high demand and often fielding multiple simultaneous job offers.

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Sarah Speranza: i’m so getting into the job description.

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Sarah Speranza: yeah back when there we go good job descriptions.

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Sarah Speranza: Basically, this is where the planning starts, which we are going to create the job description which can be used to build out the job posting determine selection criteria and then develop interview questions.

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Sarah Speranza: So a clear and complete job description is really the first step to finding the right candidate for your open position you’re going to want to.

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Sarah Speranza: clearly define the functions and responsibilities of the role and it’s ultimately going to help you determine what questions are important to ask candidates.

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Sarah Speranza: and gauge the applicants abilities and previous experience performing the essential functions of the role so simply put essential job function is.

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Sarah Speranza: Basically, a function that the person holding the job must be able to perform, with or without reasonable accommodation.

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Sarah Speranza: Whereas a non essential job function, are those that did not affect the essence of the job and could be assigned to other employees or taken on by other departments things like that.

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Sarah Speranza: So when we define the essential functions it’s also going to help us get the right applicants for the role which ends up freeing up more of your time.

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Sarah Speranza: So you aren’t reviewing applicants who are you know, maybe not qualified for the position or just not interested in the day to day responsibilities.

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Sarah Speranza: it’s also important to define what the roles non essential functions are so that when you’re interviewing applicants for the role you’re not only focusing on the important skills of the position.

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Sarah Speranza: but also any of the background.

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Sarah Speranza: Politics qualifications as well, and as i’m sure you’ve all experienced at this point it’s crucial to consider any changes to the role do decode and more fully.

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Sarah Speranza: or hybrid or fully remote work environment, for example, if a position normally has the essential function of meeting in person with prospective clients, the job description description and job posting should be changed to say these meetings are now conducted virtually.

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Sarah Speranza: Next we’re going to establish the criteria, you want to create to select the perfect candidates, so a clear criteria will serve as an initial screen.

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Sarah Speranza: of applicants and help you narrow your recruiting funnel so your criteria should be developed with the positions title essential functions and place in the organization in mind.

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Sarah Speranza: For example, if you’re searching for a director of sales, who would be meeting with say major hospital executives, as well as.

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Sarah Speranza: managing a team of sales REPS the criteria, you should create reflect the amount of years of experience in sales.

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Sarah Speranza: That you believe is necessary to successfully do the job, as well as what education and training, you feel is necessary to properly function at a director level.

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Sarah Speranza: Maybe you feel the sales director must have an MBA or that all Director level positions must have a master’s degree, you would want to add this to your selection criteria.

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Sarah Speranza: Especially now, in the ongoing pandemic adding language about the candidates, previous experience and ability to work in a remote environment will help you screen applicants.

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Sarah Speranza: And really weed out anyone who may not be able or comfortable working remotely and if departmental and organizational needs are also important as a function of the role you might also want to add some criteria language about achieving or surpassing goals in a previous role.

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Sarah Speranza: So for our next slide reviewing applications and resumes when it comes to reviewing applications and resumes the first one to consider who’s going to be responsible for doing this right so.

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Sarah Speranza: If you have a designated recruiter or hiring team than this is the easy part, however, I know that a lot of my clients are small businesses.

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Sarah Speranza: And it’s really a management that you know it’s they’re really responsible for hiring from start to finish, and they can oftentimes be wearing many hats at once.

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Sarah Speranza: So it’s kind of important to establish who’s going to be doing what.

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Sarah Speranza: And really set aside some time so, for example, you may want to have a calendar alert every three days to budget out some time for any applicants that have come in and you have not yet had a chance to review.

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Sarah Speranza: You know, some weeks can just fly by and then we realize we haven’t had a chance to look at any of our candidates get.

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Sarah Speranza: And unfortunately, with everything being as fast moving as it is today.

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Sarah Speranza: We need to move really quickly on straight strong candidates and it’s just key because the best candidates are off the market in 10 days and that’s according to a job openings and turnover survey that’s conducted by the US bureau of Labor statistics.

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Sarah Speranza: So as we’ve previously previously mentioned once you have your criteria made you are able to then apply it when you’re reviewing applications.

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Sarah Speranza: So, using the criteria, you can cross reference what you’re looking for, and if the applicant has a required or relatable experience and training that you’re looking for.

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Sarah Speranza: Things you might want to consider on the application are any gaps in their employment, how long they’ve been at each position.

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Sarah Speranza: Any special skills projects or achievements that they’ve accomplished in the past, and one of the keys to interviewing.

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Sarah Speranza: Is that past behavior really predict future behavior and we’re going to dive into this a bit more when we review behavioral interviewing techniques.

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Sarah Speranza: And lastly, it’s always a good idea to take some notes on a separate piece of paper or ideally an interview template worksheet rather than writing all over the resume.

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Sarah Speranza: This will kind of keep you a little more organized, especially when you’re comparing candidates and then you’ll have a clean copy of the applicants resume that you might want to bring to a potential interview or keep on file for records retention.

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Sarah Speranza: So, moving on to development of job related questions when we talk about developing questions, will you want to use the job description to create relevant questions ahead of time.

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Sarah Speranza: So, creating a template a list of questions this can really ensure that we have created an efficient and equitable practice or hiring practice, which is what we’re all striving for today.

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Sarah Speranza: So, namely, we want to ensure that we’re asking the same questions of all candidates to ensure that we have some really objective data to review when it comes time to select the right person for the job.

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Sarah Speranza: Furthermore, it can keep you or your management team on track and avoid getting into some of those sticky situations with personal questions or what may be considered kind of.

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Sarah Speranza: harmless get to know you questions that can really have some real and perceived effects when it comes to hiring discrimination.

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Sarah Speranza: What you want to be aware of in general and interviewing is if you’re steering away from any job specific questions you want to rein it back in and get back to the job itself.

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Sarah Speranza: It can be super easy to kind of get off track, especially if the interview is going well, or if the candidates super personable or well spoken.

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Sarah Speranza: we’ll talk a little bit more about why it’s so important, though, that we kind of stick to our designated list of questions and keep it consistent when we get to the compliance and discrimination section.

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Sarah Speranza: So the questions you craft should be directed towards the specific job requirements you created for the role and once you’ve been able to determine what the essential functions, are you should create.

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Sarah Speranza: At least one question per function and potentially more depending on the function importance in the job itself.

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Sarah Speranza: And these questions should be specific to past experience, we want to kind of stay away from opinion based or what would you do hypothetical type of questions.

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Sarah Speranza: Again, using the example of the sales position, you may want to ask questions relating to their past experience, creating client relationships or managing sales pipe pipelines closing deals and so on and so forth.

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Sarah Speranza: Next, talking about pre screening applicants.

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Sarah Speranza: In the first one is screening, it can be really easy to do by phone zoom or any kind of video interviewing platform and that’s really across industries.

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Sarah Speranza: It will help you determine who to meet with for a more formal interview, whether that be in person or you know if the whole thing is going to be virtual and they’re going to be working remote.

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Sarah Speranza: You should already be prepared to conduct a phone screen with a set of questions again that you’ve created prior to the call and what you’re going to be asking each applicant.

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Sarah Speranza: again here consistency is going to be key in interviewing in order to give each applicant, the same experience and a fair opportunity to showcase their skills.

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Sarah Speranza: And for you to really be able to accurately accurately compare those applicants when you’re full fully through the process so.

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Sarah Speranza: phone screens are typically short and to the point and.

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Sarah Speranza: You don’t really want to get too into the weeds about specifics of the role or any past behavior of the applicants you kind of want to keep it around 10 to 15 minutes.

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Sarah Speranza: helping ensure that the recruiting process is not kind of being bogged down by endless interviews and that it’s not a huge time commitment for the applicant.

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Sarah Speranza: Basically, the question should be direct enough so you can determine if you want to move forward or not within that time frame the 10 to 15 minute window.

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Sarah Speranza: And it’s very important to, then let the applicant know what the next steps in the process will be even a general outline of what to expect who they might be meeting with.

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Sarah Speranza: The general expectation of when you’ll be reaching back out to the applicant either way, so you know if i’m doing a screening, I will typically say.

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Sarah Speranza: You know i’m holding screens for this week or the next two weeks i’ll be in touch with you on this date, and if you don’t hear from me from you know, a certain time then certainly feel free to reach out to me as well.

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Sarah Speranza: Just kind of keeping that line of communication open helps with the transparency of the recruiting process and really starts to build a relationship with the applicant.

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Sarah Speranza: And one thing I didn’t mention I don’t think yet on the screening is that it’s a really good time to kind of reiterate any knockout questions you have So these are going to be any of like the deal breakers right so.

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Sarah Speranza: For example, reviewing rate of pay or pay range expectations hours of availability that kind of thing.

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Sarah Speranza: there’s really nothing worse than getting to the end of the interview process and then realizing that you’re starting pay is completely out of line with the candidates expectations.

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Sarah Speranza: Are that it can’t work say the required Saturday shift that you included on the job posting and then it’s kind of like back to the drawing board, even though you went through the whole process.

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Sarah Speranza: So just keeping that in mind, and then moving to scheduling interviews.

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Sarah Speranza: So, now that you know which applicants who you want to speak with more in depth it’s kind of time to determine who’s going to be conducting those interviews.

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Sarah Speranza: You want to consider the role and its place in the organization to decide who the applicant will meet with depending on the role.

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Sarah Speranza: You also want to schedule well obviously time with the position manager.

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Sarah Speranza: But the team they’re working with as well, and you know, depending on the position it could mean that they meet with other relevant department heads or employees that they’re going to you know, be in regular contact with.

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Sarah Speranza: So kind of just having an idea and building out that team from the start.

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Sarah Speranza: While prior to coven you might have been able to conduct an interview in an office meeting room remote work has presented new challenges, obviously.

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Sarah Speranza: Many of us have moved to virtual meeting platforms like zoom Microsoft teams are Google hangouts, at least for a portion of the interview process, and you know can definitely be an alternative.

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Sarah Speranza: an easy alternative to physically meeting, and it has its benefits as well as far as collaboration, but it’s different than than what we’re kind of used to with onsite interviewing.

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Sarah Speranza: And so you know we always suggest just kind of reviewing any questions about the technology ahead of time or addressing common user errors and electronic in your electronic interview invitation to the candidate.

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Sarah Speranza: Of course, for any in person interviews, you also want to be conscious of the location of your interview, making sure that it’s accessible to anyone with a disability and that they’re going to be able to easily access the interview space.

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Sarah Speranza: Okay, so on to conducting the interview itself if you’ve ever conducted an in person interview you already know the importance of choosing.

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Sarah Speranza: The right environment to conduct the interview, you know it can be a really extremely stressful situation for the candidates and so creating a comfortable environment.

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Sarah Speranza: is really an easy place to start to minimize stress, you want to make sure the location of the interview is somewhat private.

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Sarah Speranza: Quiet and away from the rest of the company it’ll really help the applicant focus on what you’re asking them and and keep them from feeling like they’re kind of on display.

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Sarah Speranza: it’s also very easy to excuse me to disrupt an applicant’s train of thought by using verbal gestures so to show you’re paying attention.

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Sarah Speranza: Just all the the standard nonverbal cues you want to give like nodding smiling maintaining eye contact all that good stuff just showing them that you’re really engaged and paying attention.

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Sarah Speranza: And this can be even more important when it comes to virtual interviews, so you really want to avoid multitasking and all of your focus should be reserved for the candidate that you’re interviewing and I know, especially even for myself.

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Sarah Speranza: it’s very tempting to check emails send off a quick note in you know Microsoft teams, while the candidates kind of midstream an explanation, but it can be really obvious if you’re not giving the candidate your full attention.

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Sarah Speranza: And we also you know, we want to remember that the candidate is interviewing us as well, so putting our best foot forward when it comes to impressing the you know the best talent is important as well.

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Sarah Speranza: So i’m encouraging candidates to ask questions and bring up concerns or feedback throughout the interview, not just at the end, this can.

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Sarah Speranza: really help with the flow of the interview and making it feel a bit more like a comfortable conversation, even though you know you’re not really diving into any of those personal questions that we’re trying to avoid.

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Sarah Speranza: And as as the initial phone screen, you should be consistently asking the same questions of each applicant kind of keeping them informed of the next steps.

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Sarah Speranza: But without promising anything, so this is a really, really big part of it which i’ve had a some hiring managers in the past that kind of you know they’re having a really great interview they’re blown away, they want to hire this person yesterday.

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Sarah Speranza: And they end up saying something in the interview like between you and me like you’ve got it or something to that effect, and we want to avoid that as much as possible.

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Sarah Speranza: And we’ll see you know, for many reasons, when it comes to compliance and equity, but also just you never know what’s going to show up in someone’s background check or maybe they need a valid driver’s license to perform the job and your insurance company won’t.

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Sarah Speranza: allow them to be on your insurance policy so things that are out of the hiring managers control you’re just going to want to be aware of those things and not make any promises ahead of time.

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Sarah Speranza: Okay, so some other tips on virtual interviewing because it’s where a lot of us are are spending our time and how a lot of candidates are preferring to work, these days, as well, so.

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Sarah Speranza: Just like an in person interview, you should really make sure that you’re in a professional environment, with no distractions so this can take some planning and preparation.

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Sarah Speranza: And world of virtual interviews, but just making sure that your backgrounds appropriate.

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Sarah Speranza: And you know distractions things like dogs or kids in the background, trying to limit that as much as possible, although i’ll say I never knew how much my dog wind until I started holding so many virtual client meetings and presentations.

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Sarah Speranza: So just being aware of those types of things and then, even though the remote the interviews being done remotely making sure that you’re still in professional attire you know even at your even if you’re at home, and you have a you know, an MP, we have a kind of dress for your day.

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Sarah Speranza: dress code which is really great and so for meeting with clients and some more professional and then you if we’re not for the afternoon people might throw on a hoodie but then, remembering that, if you have an interview coming up, you want to change into that closing.

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Sarah Speranza: interviewing close and give the respect that the interview deserves.

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Sarah Speranza: And then just testing your technology prior to the interview, making sure everything’s working properly, you have a strong Internet connection can be big.

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Sarah Speranza: And interview can potentially be derailed by loss of connection or you know Internet cutting in and now on the applicant that kind of thing.

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Sarah Speranza: Lastly, this is a big one, you want to be sure to showcase your company right so virtual applicants really miss out on experiencing your company environment and culture, like they would in a typical onsite interview, and they come in and get a feel for.

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Sarah Speranza: All their potential co workers and the environment, so you just want to be ready to speak to your company’s values the work life balance team dynamics and more.

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Sarah Speranza: So some of the other pieces, you might want to touch on and virtual interviews are making specific questions right, so if this is going to be a hybrid role this new kind of work model or a fully remote position.

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Sarah Speranza: and be good to kind of ask candidates and engage where they’re at with their previous experience and comfortability with working from home.

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Sarah Speranza: So asking things like what aspects of working from home, do you enjoy and which do you find most challenging or when you’re working remotely, how do you organize your day.

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Sarah Speranza: And you know with the just becoming more and more prevalent it’s a good idea to kind of incorporate these into your interviews moving forward.

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Sarah Speranza: And then the last step we’re going to look at is evaluating the interviews so.

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Sarah Speranza: Once you’ve completed your interviews it’s really important to compare and contrast the responses of each applicant you’re going to.

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Sarah Speranza: Ideally, set up a ranking systems such as a one to five, of how they responded to the question and that will help you narrow your funnel to a limited number of high quality candidates.

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Sarah Speranza: And then you can further evaluate them for the position from there, so I typically suggest you know when i’m building my outline with my team.

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Sarah Speranza: Putting the questions together, we will put a ranking system on each question that way, at least if you don’t have time to take a lot of notes on it, you can circle, you know it’s a terrible answer you give them a one.

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Sarah Speranza: or it’s something where you’re like wow I never thought about it that way, really love the way they reframe that i’m going to give them a five and then you have.

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Sarah Speranza: A general really quick insight if you’re looking at one applicant there you know, mostly five and you’re looking at another that’s threes and fours maybe then that can kind of help you narrow things down.

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Sarah Speranza: And it is important that the evaluation of their responses is objective and unbiased and the same way that you’ve been conducting all the interviews, thus far, and this ensures that every applicants being treated fairly.

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Sarah Speranza: Alright, so now that we’ve kind of reviewed the basics of planning preparing and conducting the interview we’re going to talk a little bit more about technique.

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Sarah Speranza: behavioral interviewing being one of the foremost it’s kind of an essential job interview technique that every team can utilize to make optimal hires.

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Sarah Speranza: So it’s a style of interviewing that was developed in the 1970s by industrial psychologists and the premise behind behavioral interviewing is that the most accurate predictor of future performance is past performance in a similar situation so.

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Sarah Speranza: When we’re looking at technique in general, just going to do a quick overview of traditional interviewing so we can see how behavioral interviewing really differs from it.

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Sarah Speranza: So traditional interviews tend to include a hypothetical cognitive or personality type questions.

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Sarah Speranza: You know those really like the opener questions when you’re asking Somebody tell me about yourself why did you leave your last company.

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Sarah Speranza: what’s your biggest weakness, where do you see yourself in five years, all those very generic.

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Sarah Speranza: kind of expected interview questions, and you know, as you can see, they tend to be more closed ended which doesn’t really encourage candidates to share much more than a simple answer.

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Sarah Speranza: Though this information can definitely be really valuable to a hiring manager and it’s still helpful to ask candidates.

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Sarah Speranza: You just want to make sure it’s not the only type of question you’re using for the evaluation so and that is because the behavioral interviewing style is really going to give you a much more comprehensive picture of the candidates potential and.

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Sarah Speranza: we’ll look at that in just a moment, but when answering behavioral questions candidates have to provide.

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Sarah Speranza: substantiated proof of their skills and abilities and in contrast with the traditional interview questions there are often opportunities for candidates to give you, you know what they think is the.

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Sarah Speranza: Quote unquote right answer, and so in candidates, you know could answer a non behavioral interview question with something they feel the hiring manager wants to hear, rather than the truth.

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Sarah Speranza: I think we’ve all you know if you’ve done any amount of hiring or interviewing you’ve been in a situation where you’re like I don’t.

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Sarah Speranza: Have a you know, an awful feeling about someone but they’re they’re saying all of the right words to you.

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Sarah Speranza: So the behavioral technique is a way to dive deeper into why you’re getting that feeling from them and kind of dig into it, if they’re kind of bs in their way through the interview or not so.

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Sarah Speranza: Basically it’s a way to analyze if the candidates really going to succeed in this role, and so it draws out information and details about past performance and.

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Sarah Speranza: You know, as we just went over the past performance is the strongest indicator of how the candidate will perform and their new role so you’re going to want to focus on questions like.

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Sarah Speranza: You know, give me an example of a time when you made an error and then how did you handle that, and you can kind of dig in and ask more probing questions as they get into their answer as well.

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Sarah Speranza: So, or you can kind of.

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Sarah Speranza: put all the questions out there at once, then you might have to kind of prompt or remind them of the the details, who are looking for, but.

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Sarah Speranza: So, for example, describing or describe a difficult time you’ve had dealing with an employee customer coworker.

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Sarah Speranza: Why was it difficult, how did you handle it and what was the outcome right so really looking for all of those specifics it’s much harder to fake this kind of thing or if they are it’s easier to tell.

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Sarah Speranza: And so it, but it also allows the the top talent and the good candidates to give you concrete examples of how they did behave in the real situation, instead of asking how they would have behaved in a hypothetical situation.

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Sarah Speranza: And again, as I mentioned before, just it’s key to use those follow up or probing questions to dig deeper into the candidates response.

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Sarah Speranza: So the next slide here.

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Sarah Speranza: Actually, one more we’re going to go to the star approach, so this builds on behavioral interviewing and is a technique used to kind of gather the relevant information about a specific capability.

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Sarah Speranza: So basically it’s structured in a way that this is how you’re looking for the answer to be given to you from the candidate.

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Sarah Speranza: When you’re asking a behavioral based interview question, and that is by the breakdown of the star approach in that it’s the situation that they’re going to explain then go through the task their action and the result of the situation.

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Sarah Speranza: So, for example, as the interviewer you would ask describe a situation when you had to deliver excellent customer service following a complaint and then on our next slide.

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Sarah Speranza: we’ve outlined an example of the star approach and what a strong answer would look like in this case, so the situation here.

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Sarah Speranza: The candidate is saying a customer contacted me complaining that they waited more than two weeks for apply regarding of product inquiry, so not great.

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Sarah Speranza: So the task that was that I needed to address the clients immediate inquiry and find out what went wrong in the normal process.

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Sarah Speranza: Their action, then being I apologize got the details and pass them to our sales lead who connected.

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Sarah Speranza: or contacted the client within an hour.

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Sarah Speranza: I investigate why the inquiry hadn’t been answered and discovered that it was a combination of wrong mobile number and a generic email address that wasn’t being checked I let the client know we would offer a goodwill discount on the next order.

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Sarah Speranza: And the result being the clients not only continued to order from us, but posted a positive customer service review.

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Sarah Speranza: So, as you can see structuring your questions and asking probing follow up questions, using the star model will prompt the candidate.

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Sarah Speranza: To provide concrete examples or proof that they really possess that experience and the skills needed for the job at hand.

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Sarah Speranza: you’ll be looking at the candidates to be able to share examples of how they successfully handled the past situations at work and if they’re unable to do so in detail that’s really a red flag.

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Sarah Speranza: This technique is a really good way to combat those who may be great at you know kind of flubbing fibbing their way through the traditional interview process.

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Sarah Speranza: Alright, so on our next slide we are going to transition into some general best practices surrounding interviewing and selection.

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Sarah Speranza: One of them being retaining applications and resumes for for one year, this is something I find is often.

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Sarah Speranza: Maybe not done or just to businesses and maybe you’re not as aware of this requirement, but it is a.

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Sarah Speranza: federal work requirements minimum retention of these hiring documents for one year and it can be longer as well, depending on for federal contractors, it can be two or three years.

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Sarah Speranza: There can also be additional state or local regulations that you’ll want to check, depending on what area of the country you’re in.

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Sarah Speranza: And the reason that these are required to be kept on files it’s addressing you know.

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Sarah Speranza: hiring records when it comes to any claims of Title seven discrimination Americans with Disabilities Act or the age discrimination act and.

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Sarah Speranza: we’re going to dig into these things a little bit more when we get into discrimination and compliance, but just know that’s kind of the the background on why it’s so important that you keep these documents on file.

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Sarah Speranza: And it’s also a best practice to conduct any background checks and drug testing after the offer, but before employment begins so.

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Sarah Speranza: This is a mandated state and local in many state and local criminal and credit check ordinances so you want to just again check state and local law when it comes to background checks and this practice can also kind of help mitigate the risk of other unlawful employment practice claims.

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Sarah Speranza: nexus social media, so you know we all we’re all on social media pretty often and now many employers are using it as either a you know, a sourcing or recruiting.

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Sarah Speranza: platform and and if not, maybe just to kind of check out the potential candidates that they’re looking at.

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Sarah Speranza: And so it can be useful for that, but it can also be used improperly and then trigger discrimination claims and you know, because you can get information on social media that will reveal a candidates race, sexual orientation, gender identity, you know.

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Sarah Speranza: national origin, religion, disability and any of those other protected statuses that would not really be revealed in a typical application process or resume so you just have to be really careful of that, and then the last is reference checks to avoid any claims of negligent hiring so.

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Sarah Speranza: Under the doctrine of negligent hiring and employers liable for the harm its employees inflict on any third parties when the employer, you know knew, or should have known that there was a potential risk there.

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Sarah Speranza: And that you know could have been uncovered by reasonable investigation so conducting reference checks is always a good idea.

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Sarah Speranza: And next we have a couple of topics to kind of review based on interviews amid coven the right it’s brought up a lot of new challenges.

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Sarah Speranza: And as the pandemic is kind of ongoing things are always constantly changing its presented some really unique challenges in the workplace and hiring is no exception, so in 2022 and beyond, many employers will need to strategize about how to discuss vaccination status with job applicants.

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Sarah Speranza: And as public health discussions and all the requirements change employers may decide to make receiving coven 19 vaccine, a condition of employment, however, there is definitely you know, a right way to go about this, and it can get mitigate significant risk so.

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Sarah Speranza: digging into some of the specific interview questions, some of the most common ones that come up for us, are you know, can I ask if the candidate is vaccinated against coven 19.

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Sarah Speranza: So.

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Sarah Speranza: The, the answer is technically, yes, so we do advise as a best practice that you did not.

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Sarah Speranza: Ask about vaccinations status until after making the job after offer excuse me.

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Sarah Speranza: What we see a lot of best practice is putting it right in your job posting right So if you are a company that has determined that, for your workforce, you know it is a business necessity that your staff be vaccinated.

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Sarah Speranza: And you’re moving forward with that that’s totally fine as long as you’re allowing for those religious or medical accommodations.

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Sarah Speranza: But you want to just put that out there, right from the beginning that you know requirements of the job must be vaccinated.

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Sarah Speranza: And you know by if you have a certain data to to work on site if the job is not remote at all that kind of thing and then again, you can just reiterate it in the interview saying.

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Sarah Speranza: Oh, I do have to let every candidate know that being vaccinated fully vaccinated is a requirement of this position and then just leave it at that you don’t necessarily have to get.

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Sarah Speranza: You know any answer from them at this point, you can gather at the time of hire you know the documentation, you might need about vaccination or have them go through the reasonable accommodation process if that is necessary, and the reason that we recommend that as best practice.

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Sarah Speranza: Is because if you do flat out ask if someone is vaccinated.

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Sarah Speranza: And what you can do the eeoc so the equal employment opportunity Commission they have recently.

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Sarah Speranza: You know clarified that asking the employee solely their vaccinations status is not a disability, excuse me, disability related inquiry, but what happens is it can get kind of a slippery slope and get into murky areas really quickly.

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Sarah Speranza: And so, basically, what you want to avoid is anything regarding the.

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Sarah Speranza: Asking and potential employee or candidate about a disability right so under the Americans with Disabilities Act it’s really not something that you can ask about in and it’s protected information under the Ada So if you ask a candidate if they’re vaccinated and they go on.

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Sarah Speranza: Like a long tangent that wasn’t asked for, but maybe they just say no, and here’s why I have all these.

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Sarah Speranza: medical conditions, and this is why my doctor has told me not to be vaccinated or whatever it might be, then you are all the sudden privy to all of that medical information that you do not want in the interviewing.

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Sarah Speranza: or hiring portion of the the process so.

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Sarah Speranza: So that’s why we try to avoid that and then, can I choose to hire someone who refuses to work on site.

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Sarah Speranza: You know, employers may require employees to work from home and they may decline to hire applicants who refuse to work on location.

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Sarah Speranza: If that’s necessary for the job, so you know.

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Sarah Speranza: that’s definitely possible That said, we just always like to caution employers that you should kind of make these decisions.

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Sarah Speranza: on a case by case basis ball keeping an eye on consistency right, so the reason for the refusal, maybe important.

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Sarah Speranza: mall and players are are not required to accommodate like a generalized anxiety about contracting coven.

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Sarah Speranza: They should apply the same Ada reasonable accommodation analysis, where candidates have disclosed an underlying health condition that may place them at a higher risk.

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Sarah Speranza: And some positions cannot be accommodated but it’s important for employers to show how they reach the conclusion and that they are really going through the process with each.

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Sarah Speranza: Each position.

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Sarah Speranza: Okay, so diving into some prohibited and sensitive interview topics.

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Sarah Speranza: Every HR professional or hiring manager should really prioritize.

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Sarah Speranza: Compliance throughout the recruiting and interview process, so you know businesses that ask legal questions they really increase their risk and exposure.

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Sarah Speranza: Additionally, non compliant interview questions could really make the candidates consider dropping out of the hiring process.

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Sarah Speranza: Candidates maybe you sensitive or non compliant questions as an indication of a toxic work environment.

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Sarah Speranza: And this is particularly damaging to employers today when candidates prioritize company culture and also in the candidate market have more choice.

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Sarah Speranza: than then they haven’t in quite some time so topics, you want to avoid are going to be anything around religion pregnancy and family planning marital status gender.

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Sarah Speranza: salary health and disability, race, ethnicity or nationality criminal records or debt and while this is by no means a comprehensive list they’re all topics that you should really avoid or or eliminate from the interview process.

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Sarah Speranza: And so, under discrimination considerations, there are many Federal and State laws and there you know just growing.

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Sarah Speranza: which are in place to reduce discrimination and in hiring and employment, and so this is a big part of why you’re wanting to avoid those topics on the previous screen right so in all 50 states federal law makes it illegal to discriminate on race color national origin, religion.

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Sarah Speranza: Sex including pregnancy, childbirth and other related conditions, disability, age when you are 40 years old or older and there’s.

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Sarah Speranza: Definitely other things that fall into that category as well, and so.

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Sarah Speranza: These can fall into different provisions under things like the like title seven of the Civil Rights Act age discrimination and employment act.

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Sarah Speranza: Pregnancy discrimination act and Americans with Disabilities Act and again Those are all federal and there’s more than that, but this is just kind of a starting point, you could definitely do a whole presentation just on.

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Sarah Speranza: These different protections and discrimination considerations and.

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Sarah Speranza: You know unconscious bias and all of those things but we’re just kind of giving you a quick overview today so.

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Sarah Speranza: In addition to the federal laws you’ll also notice that more and more states have additional laws which prohibit discrimination, and you know, for example, some of the more common and recent.

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Sarah Speranza: ones would be arrest records and pay equity or criminal history and pay equity so.

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Sarah Speranza: Many states have laws that prohibit discrimination based on.

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Sarah Speranza: Both of those things and, for example, what i’m hearing in Massachusetts.

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Sarah Speranza: And we have been the box, it was one of the first states to.

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Sarah Speranza: put this in place, and that was in 2010 and this law really prohibits employers from asking job candidates about their criminal histories on an initial written application.

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Sarah Speranza: And so, this is let’s see.

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Sarah Speranza: Currently nationwide in 37 states and 150 cities have chosen to adopt this so definitely something that should be on your radar and you want to check if you’re in an area where this will apply to you.

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Sarah Speranza: And it’s really put into place to.

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Sarah Speranza: You know, allow people to have a second chance, who have been incarcerated and give them a chance to get to that interview and.

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Sarah Speranza: really get employment gainful employment and then the Equal Pay X as well are popping up more and more.

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Sarah Speranza: Massachusetts was kind of at the forefront with that as well, and the.

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Sarah Speranza: Basically ban employers from asking prospective workers what they made at their last job and the goal in this one is to really prevent.

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Sarah Speranza: Women or people of color from being stuck in a cycle of lower salaries.

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Sarah Speranza: and

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Sarah Speranza: Pay equity laws they kind of boomed in 2016 and there and they’re still changing but places like California and New York, as I mentioned Massachusetts where some of the first ones to adopt and other.

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Sarah Speranza: States are following suit and acting salary history bands and payscale disclosures so.

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Sarah Speranza: For example, New York just passed a regulation, in which it is going to be required that they put the pay scale on the job posting itself.

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Sarah Speranza: And then Rhode island just overhauled their equal pay law as well, and so there’s new provisions to that starting effective in 2023.

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Sarah Speranza: So while we could talk about the specifics of those legal implications on today, we are kind of going to set aside the rest of the time to go over questions.

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Sarah Speranza: And i’m quickly going to just cover a couple of illegal or inappropriate interview questions before we get into all of your questions, I see there’s a there’s a few in the Q amp a chat which is great.

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Sarah Speranza: But so just to give you an idea.

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Sarah Speranza: we’ll start up with some examples around like familial responsibilities children marriage you definitely want to avoid any of these questions.

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Sarah Speranza: Are you married you have kids what’s your child care arrangements.

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Sarah Speranza: And so you know you may with the child here arrangements may be getting at.

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Sarah Speranza: Is it going to interfere with your work at all, but we really need to frame it and ask it in a different way it’s not an appropriate way to ask the question.

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Sarah Speranza: And it’s needs to be framed around the job itself and it’s not often that these questions are asked to men right so.

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Sarah Speranza: Questions about marital status ages or numbers of children are frequently used to discriminate against women and may violate to Title seven if they’re used to deny or limit employment opportunities.

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Sarah Speranza: And then another one that comes up that I think sometimes stumps people.

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Sarah Speranza: or they’re not really sure why it can lead to increased risk or exposure are things like.

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Sarah Speranza: What type of transportation do user do you have a car right what they’re really asking is, can you get to work on time and be here every day.

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Sarah Speranza: But the reason that we don’t want to frame it around the you know, use the having the vehicle itself is because the equal employment opportunity Commission or Yossi considers car ownership of financial information so.

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Sarah Speranza: You know wall.

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Sarah Speranza: federal law doesn’t prevent employers from asking candidates about financial information, the Federal equal employment opportunity laws.

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Sarah Speranza: prohibit employers from illegally discriminating when it comes to using financial information to make employment decisions so basically the eeoc ruled that.

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Sarah Speranza: You know this could significantly disadvantaged people of a particular race color national origin sex etc.

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Sarah Speranza: it’s really it doesn’t matter to the company right if you have your own vehicle to get to work or if you.

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Sarah Speranza: use public transportation you bite your car pool that all of that should really have no bearing on how you’re going to be able to perform or the candidate will be able to perform the job itself so that’s kind of the framework and not a lot of the questions can be.

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Sarah Speranza: Just.

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Sarah Speranza: Like we went over like very vague and Gray areas so let’s take a minute and get into any of the questions that you all have.

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Sarah Speranza: Okay.

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Sarah Speranza: Oh, does this webinar have a chatroom credit that’s a great question and we will round back to you on that one, I do not know off the top of my head.

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Sarah Speranza: A source for good behavioral interviewing questions, yes, we have some.

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Sarah Speranza: Some template guides that we can share and we’ll see if we can send over some resources for you as well.

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Sarah Speranza: I know that katie will be sending over a copy of the slide deck at the end of the.

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Sarah Speranza: presentations so we can definitely had some resources in there for you as well.

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Sarah Speranza: Okay, this is a great question here, we mentioned not talking about salary in the interview, I found that the candidate brings.

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Sarah Speranza: up the salary a lot, how do we avoid that topic and I may have talked about this a little bit and reframing questions and that’s often what we’re going to be doing when we it’s a.

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Sarah Speranza: Finding kind of nuanced ways to frame the questions in new ways that are taking out the potentially discriminatory aspect of it right, so you can certainly still ask, at least in in many states, and again this is kind of progressing and changing.

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Sarah Speranza: regularly so.

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Sarah Speranza: You can ask them what are your salary expectations right, so you can still ask them what they would like to make for the job.

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Sarah Speranza: But you cannot require them to tell you what their past salary was, however, that being said, many candidates will offer that up so if you ask what their salary expectations are they might say Oh well, in my last position, I was making.

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Sarah Speranza: You know $20 an hour or whatever it is, and I would like to be at that or above, so in that case, like you, as the company you’re.

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Sarah Speranza: Still within compliance to ask them what they’d like to make, and it, it was the candidates choice to disclose that information.

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Sarah Speranza: But if you were to flat out ask them what did you make it your last job the candidate could then come back and say you know that’s an illegal question, you can ask me that and, again, the idea is just because.

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Sarah Speranza: You know, people who have been marginalized are stuck in kind of low income and low earning positions it’s a way to keep them from continually being in that cycle.

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Sarah Speranza: So that was a great question.

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Sarah Speranza: So see if we have any others here.

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Sarah Speranza: yeah absolutely you’re welcome.

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Sarah Speranza: And I, some of them are a little bit longer so we might have to follow up on our.

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Sarah Speranza: On our offline excuse me on our follow up email to you all so i’m going to turn it back over to katie to kind of to wrap it up and we’ll be in touch with any additional outline questions in the slides and all of that.

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MP: Thank you, Sarah lots of valuable information on a complex topic any questions that were not able to be answered on today’s program will receive a response via email.

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MP: The NPA HR team is here to help guide your organization on any HR compliance issues you’d like to learn more about how we can assist your organization, please visit our website to set up a short 15 minute call.

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MP: Be sure to join us next week on the same day and time for our webinar on unpacking the employee retention credit funding for businesses impacted by coven.

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MP: visit our website to register and see the full calendar of upcoming events and available resources, we will be sending out a recording of today’s webinar with the presentation slides afternoon thanks for joining us and have a terrific day.