Employers are beginning to hire again, especially in fields like sales, marketing, finance and other areas that have a direct impact on the bottom line. Unfortunately this likely means that EEOC activity is up as well. The U.S. Equal Employment Opportunity Commission recently issued a report of charge activity in its fiscal year 2009, showing a near “record high” number of charges filed with the agency. A total of 93,277 discrimination charges were filed with the EEOC in that year, the second highest level ever. No doubt this is even worse now given the steady increase in hiring for 2010. EEOC field offices continue to pursue cases aggressively where one or more forms of discrimination permeate a company’s hiring practices, and many experts suggest that such cases will continue to increase. Both the EEOC and the OFCCP have been increasingly vigilant in their pursuits for the last several years.
Using recruiters, test vendors or other third parties offers no safety net for employers – ultimately it is the hiring company’s responsibility to ensure employees are hired in a fair and non-discriminatory manner. Assessments, interviews and other screening tools or processes must be linked to the job. Employers must determine if there is any link between the hiring standard and the job the individual is being hired to do. This even applies to Minimum qualifications posted in the job ad.
On the plus side, by “validating” your hiring practices, you will likely do a better job of hiring high-performing employees. Sure, it takes a little more work, but isn’t the return and mitigation of risk worth it?
Bottom line: do your homework and make sure your hiring practices are linked directly to job requirements and/or actual performance.
