PRE-SCREENING AND HR COMPLIANCE

The function of Human Resource Management is the integral part of most employers’ efforts that enable them to identify, hire and retain the people for their organization to execute its strategy and achieve its goals.  However, HR compliance remains as critical as any other functions of HR within any organization.

There are a range of rules and regulations governing the employee-employer relationship that HR professionals must understand and navigate in order to ensure their organizations avoid any potential harm to the organization’s reputation. Hence, compliance of these rules and regulations stand as an essential component for any organization to be successful in today’s business environment.

Accomplishing compliance can be elusive goal for most of the organizations and should be treated as a process of defining employee’s behavioral aspect while organizations focus on hiring best candidates to achieve growth, turnover and competitive advantage. There is however, a very limited emphasis on knowing the prospective employee’s background and determining the true identity of the person.

Many a times, such the background screening helps the organization to weed out inefficient workforce and retain quality human resource. A non-existence or non-compliance of background verification or screening program may not only allow a misfit hiring but may also cause more serious issues resulting in financial and reputation loss. Additionally, organization incurs the overall cost to company. Consider a serious offence being done by such an employee, there is significant reputation damage as well as loss of morale of other employees. Compliance to verification process can substantially mitigate these risks and resultant losses.

Research by various background verification companies indicate that at an average 35-40% candidates submit falsified information on their resumes ranging from job titles, responsibilities at given position, educational background, compensation etc. This ends up for an honest candidate to lose out on the opportunity while a dishonest incumbent may be selected as reliance is primarily placed on the resume.

There may also be a backdrop of the candidate having a criminal or an offensive record that may harm organization’s reputation; therefore, it is critical for an organization to have proper screening process in place.

The pre-screening process also helps in complying with specific regulations and laws in some countries.

In today’s hustle bustle, the management of organizations is primarily focused towards finding the resource fitting their job description and is involved in conducting technical interviews while Human Resource Departments are checking if the candidate will culturally fit their requirement and discussing their remuneration etc. Background verification, in general, are conducted before offering the position. The complete screening is concluded after the appointment letter is issued of after the successful candidate has joined the organization. The correct hiring procedure however suggests for the verification process to be carried right before offering the position. It is therefore essential for organizations to establish the system of background screening as integral part of their recruitment procedure.

Following aspects must be considered while conducting background verification:

a)    Candidate’s proof of identify

b)    Current and mailing addresses

c)    Copies of academic records

d)    Copies of service letters from previous employers

e)    Work visa, permit, tax certifications, where applicable

f)    Criminal background certification, where applicable (endorsed through union council)

g)    Bank/ credit rating (to identify whether candidate is regular or defaulter with payments)

It is also essential for organizations to check the integrity of candidate from the last two employers or if required, full employment history should be verified.  It is the responsibility of HR department to ensure proper authorization from candidate for conducting verification as it requires accessing candidate’s personal information.

Based on the information received, a decision making mechanism should be established for any discrepancies or inaccuracies between the information provided by the candidate against the information received as part of screening process ranging from falsified identity to the submission of forged academic records.

As a principle, the candidate should be informed of the discrepancy. In case of criminal or offensive record, management must determine if law enforcement authorities are required to be involved.

In this modern era, there are number of highly capable employee background screening software applications available in market. Organizations may choose the one that will suite their organization structure and employee strength. These applications come with a full range of tools and features enabling to collect, store and organize all employee records with greater speed and efficiency. These applications also help in keeping a track of vendor identifications and all their compliance records. They also facilitate in sending out timely reminders whenever a certificate nears expiry and has to be renewed.

Selecting the right candidate with affirmative background for the job is the first step towards developing an efficient organization. Great stress should therefore be laid on ensuring that the recruitment procedure is highly competitive and all successful applicants undergo pre-screening process.

It is the organization’s responsibility to hire candidates with high ethics, integrity and personal values. A thorough compliance of screening policy safeguards the organization from incorrect, fraudulent and criminal hiring, thereby mitigating the operational and reputation risks.

Decisions, Decisions, Decisions: HR and The Decision Making Process

Decisions, Decisions, Decisions: HR and The Decision Making Process

Alyzae Feroze, MPS 

04/06/2016

How to cut costs, what training methods are most effective, and who should we hire? These are all examples of decisions that HR teams have to make on a regular basis. But how to do we arrive at these decisions and what is the best way about it? An effective decision making process is extremely important in the human resources field because it helps push the company towards it’s goals in compliance with it’s core values and as result creates a seat at the table for HR to be viewed as a strategic business partner. Effective communication can enhance this process and offer ways is in which larger amounts of information can be used in order to make the most satisfying decision. This can be achieved by identifying and adhering to the decision making process, incorporating different decision making styles, and finally taking time out to provide feedback. 

            Before embarking on the journey to solve any problem or task that requires a firm and comprehensive decision, it is essential that the team be well aware of the decision making process. Organization is usually half the battle and having formal procedures that organize the decision-making process can maximize the amount of information available. Instead of “shooting in the dark” all team members can be on the same page at the same time. For example, a typical Mintzberg decision-making process consists of three phases; the first phase is called identification and it requires recognition and diagnosis. At this stage team members can formally and systematically discuss the situation at hand and brainstorm ideas. The next stage is development, where team members search and design a plan of action. This stage can also include many forms of communication such as verbal, non-verbal, and interpersonal. The last stage is called selection, this were the group judges, analyzes, bargains, and authorizes the decision. This method usually increases the amount of information available because it allows for a systematic and uniformed process rather than a dodgy and unorganized approach that can commonly occur.

            Another method that can generate lager amounts of information is the incorporation of different decision-making styles, having people on the same team that can incorporate a variety of different approaches to the decision making process will only enhance the amount of information available to the team. For example, having someone with a directive style on the team will eliminate a lot of ambiguity and make sure that all tasks are completed in an efficient, logical, and pragmatic way. An analytic team member is likely to analyze each and every detail, they may take their time but they do a thorough job. The conceptual team members are great for increasing the amount of information available because they tend consider many different possibilities and discuss options with as many people as possible before coming to a conclusion. Finally, the behavior style employees on the team are great with interpersonal skills; they are receptive to ideas, supportive, warm, and avoid conflict.  This method will generally increase information available to the tam because the group is not relying on style alone, instead they must consider all different approaches and styles and this will in turn broaden their horizons.

            The final method that can generate larger amounts of information is the feedback process after the decision is made.  It is essential to always reflect and analyze as group what went wrong, what went right, and what they would do differently next time. This practice will increase the knowledge base of the group so the next time around they will each be more informed than the last time and better equipped to make satisfying decisions.  A few tips in the feed back process are intension; it should always be toward improvement rather than putting someone down. Specificity helps avoid ambiguity and frustration when the problem isn’t fully understood. Descriptive feedback is better than evaluative because it describes what the employees have done in an objective way rather than in a judgmental way. Finally, feedback should be clear in order to be effective and fully understood by recipients. This method ordinarily increases the amount of information available to the team because it gives them a chance to process and reflect upon shortcomings.

What is your style of decision-making as an HR or OD professional?

1.     Luthans, F. (2011). Introduction to organizational behavior. In Organizational Behavior (12th ed., pp. 13-15). New York: McGraw-Hill/Irwin.

‘Like’ Me?! Social Media and Recruiting

‘Like’ Me?! Social Media and Recruiting

Alyzae Feroze, MPS: HR and Employment Relations

03/29/2016

These days the job application and recruiting process is vastly different to what it was 20 years go. Social media sites such as LinkedIn, Facebook, and Twitter are proving to be an effective tool in the recruiting process, allowing employers to cast wide net and discover the best talent to fill open positions. With this luxury and convenience also comes great danger and risk. Social media proliferation has made personal information about individuals easily available at anyone’s fingertips. As a result, it has complicated the hiring process for both applicants and those seeking them. This article aims to tackle the current definition of applicant as defined by the EEOC, privacy considerations in reference checks, and suggestions for organizations and applicants to minimize their risk in this era of open access to information.

           

In the United States the Equal Employment Opportunity Commission (EEOC) is the government agency that enforces federal employment discrimination law. According to the EEOC, an “applicant” is defined by the following three points: “first, the employer has acted to fill a particular position; second, the individual has followed the employer’s standard procedures for submitting applicants; third, the individual has indicated an interest in the particular position.” (EEOC) With that in mind we must consider social media tools such as LinkedIn. For example, if a recruiter reaches out to a potential candidate through a LinkedIn message, this scenario does not qualify the person they reached out to as an applicant, even if the response to the message positive. The only way they would be considered an applicant is if they go through the formal and standard application procedure for submitting applications. For example, the recruiter would communicate where one can submit their resume and other information on the companies website.

            

Reference checking is an evaluation of applicants past performance and a way for employers to verify the information that an applicant has stated on their resume. Reference checking can be used to verify the accuracy of information provided, predict future performance, and uncover background information. These days employers are making use of social media sites such as Facebook and LinkedIn as a means of identifying good candidates; however, incorrect use of this information could lead to discriminatory practices because content regarding an individuals age, religion, race, gender, and even ethnicity can be easily determined by viewing social media profiles. For example, a court case in 2010 had to do with a prospective job candidate that was passed over because allegedly, details regarding his religion were uncovered on a social media profile. (Gaskell v. Univ. of Kentucky) In this case the university agreed to pay Gaskell $125,000 as a settlement. The University claimed to settle this in order to avoid a lengthy trial and they maintain the stance that they committed no crime, and that they have sound hiring practices that do not discriminate.

            

Although viewing social media profiles is not illegal for employers, there are some privacy considerations: “Employers using social media without authorization may subject themselves to invasion of privacy claims. These claims hinge on an individual's reasonable expectation of privacy.” (Bally, 2014) Therefore, employers can be exposed to invasion of privacy claims in court, especially if they break into protected social media profiles that are private. In many states it is now illegal for employers to ask applicants for their social media passwords. With that said, it is also important to note that laws regarding social media and employment are still developing because the concept is relatively new. “Using social media in the hiring process implicates a number of privacy law concerns. These concerns are primarily associated with unauthorized access, hacking or deceptive practices to gain access to protected content” (Bally, 2014) In terms of privacy, the line is usually drawn at non-public internet/social media sites where one can only attain information through authorization and permission. “However, it is critically important to note that just because information in the public domain is fair game for employers to look at, it does not mean that employers can lawfully use that information in the hiring process.” (Quast, 2012)

            

In terms of suggestions for the employer, the first thing they should do is come up with some sort of social media policy after consulting with an attorney who specializes in this area of knowledge. This will help the organization figure out ways to avoid discriminatory practices and protect itself from potential lawsuits. Another strategy is to only view social media profiles after having a face-to-face interview with the potential candidate. This way, the employer is unlikely to be accused of relying on protected characteristics in the decision making process. Organizations can also give candidates a “heads up” and inform them that they will be reviewing any publically posted social media accounts. This way the candidate is well aware of what they feel comfortable with the employer seeing.

            

Suggestions for the applicant include making sure there is a clear and protected distinction between all personal and public social media accounts. This means regularly checking up on all public social media profiles to make sure they are updated and have no questionable content. It is also smart to join social media groups that are relevant to the jobs they are seeking, make connections with people in a similar line of work, and give a professional appearance to your profile by writing and sharing industry specific posts.

           

In conclusion, it is essential that employers and applicants not rely on social media too heavily; there are many more features to a candidate that may not be discerned solely through an internet search. Likewise, there is variety of other effective means for recruiting talent as well. Recruiting broadly ensures that employers are not just interested in particular groups and are not bias towards specific groups over others. With that said, it is important for employers and employees to understand the meaning of an “applicant,” take privacy into consideration, and keep in mind useful tips to help minimize risk associated with social media accounts.

References:

1.     Bally, K. (2014, May 29). Legal Resources. Retrieved September 13, 2015, from http://www.acc.com/legalresources/publications/topten/ttcwusmithp.cfm   

2.     Questions and Answers: Definition of "Job Applicant" for Internet and Related Electronic Technologies. (n.d.). Retrieved September 13, 2015, from http://www.eeoc.gov/policy/docs/qanda-ugesp.html  

3.     Settlement in the Gaskell case | NCSE. (2011, January 18). Retrieved September 13, 2015, from http://ncse.com/news/2011/01/settlement-gaskell-case-006427   

4.     Quast, L. (2012, May 28). Social Media, Passwords, and the Hiring Process: Privacy and Other Legal Rights. Retrieved September 10, 2015, from http://www.forbes.com/sites/lisaquast/2012/05/28/social-media-passwords-and-the-hiring-process-privacy-and-other-legal-rights/  

5.     Berkowitz, M. (n.d.). Social Media Recruiting: Understand the Legal Guidelines | Monster.com. Retrieved September 13, 2015, from http://hiring.monster.com/hr/hr-best-practices/recruiting-hiring-advice/acquiring-job-candidates/social-media-recruiting-guidelines.aspx

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