Top Labor Attorney Describes How to Attract Outstanding Diverse Talent

Top Labor Attorney Describes How to Attract Outstanding Diverse Talent

As part of the research for the 4th edition of Hire with Your Head I asked the #1 OFCCP/EEO legal authority in the U.S. to validate the entire Performance-based Hiring process.

In addition to your corporate attorney, every HR and talent leader should review the complete report. It will have you rethink all of your current hiring programs especially those relating to your DEI efforts. The most important point in the evaluation is that in order to hire more fully-qualified AND diverse candidates job descriptions need to replace the traditional list of skills, experiences and “must have” generic competencies with 5-6 key performance objectives. Here’s how to do this during the intake meeting with the hiring manager.

Following is a super short summary of the study.

Performance-based Hiring and Legal Compliance 

David J. Goldstein

Businesses hire people because there is a job to be done. The goal is to find the right people, bring them on board, and get them to work. When the wrong person is hired, the work doesn’t get done. Worse yet, the productivity of others may be disrupted. And in the worst case a bad hire can lead to litigation. Employment related litigation is extremely costly and legal fees represent just the tip of the iceberg. Litigation distracts managers, impacts employee morale, and often breeds additional litigation. 

For these and other reasons, successful companies need to adopt an effective approach to recruiting and hiring. Performance-based Hiring provides such an approach. 

By creating compelling job descriptions that are focused on key performance objectives, by using advanced marketing and networking concepts to find top people, by adopting evidence-based interviewing techniques, and by integrating recruiting into the interviewing process, companies can attract better candidates and make better hiring decisions.

Nevertheless, because the Performance-based Hiring system does differ from traditional recruiting and hiring processes, questions arise as to whether employers can adopt Performance-based Hiring and still comply with the complex array of statutes, regulations, and common law principals that regulate the workplace. The answer is yes.

In particular:

  • A properly prepared performance profile can identify and document the essential functions of a job better than traditional position descriptions, facilitating the reasonable accommodation of disabilities and making it easier to comply with the Americans with Disabilities Act and similar laws. 
  • Focusing on “Year 1 and Beyond” criteria may open the door to more minority, military, and disabled candidates who have a less “traditional” mix of experiences, thereby supporting affirmative action or diversity efforts.
  • Conducting performance-based interviews ensures that the interviews will be structured and properly focused and minimizes the risk of an interviewer inquiring into protected characteristics. Moreover, since the performance-based interviews are conducted pursuant to a common methodology, one is assured that the candidates are being fairly compared. 
  • One obstacle to diversity in hiring is the greater effort required for an interviewer to connect with a person who is different. Hire with Your Head offers techniques for controlling this type of bias. Waiting 30 minutes and using the Plus or Minus Reversal Technique will reduce the impact of such biases and promote greater diversity in hiring. 
  • Performance-based Hiring is a business process for hiring top talent. While the process will be useful for filling many different types of jobs, there may be some jobs (for example, lower level, lower skilled, high turnover positions) for which it doesn’t make sense to use Performance-based Hiring. That is not a problem. Employers need to be consistent in their hiring processes for similar positions but remain free to adopt different processes for different positions.

Posted in: Performance-based Interview, Quality of Hire

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