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.

‘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

Image: http://talentpack.blob.core.windows.net/awordpress/man_rope_icons.jpg 

Talent Management – Answering Whats, Whys and Hows of Employers, Managers and Employees

“I have been experiencing a major decline in business even after adopting sound business strategies, hiring best available human resource and investing huge sums. I am searching like crazy what to do to get these setbacks fixated?” “My subordinates are a total mess and complete chaos. I don’t know why I am unable to get the best out of them”. “My boss, never lets me do what I am absolutely capable off, instead he forces me to do what I am least interested in. I am tired off my job – quitting seems to be the only option available with no ray of hope for a new job. How can I deal with this crisis?”

These and likewise Whats, Whys and Hows are a continuous cry, Strategic Human Resource Management (SHRM) consultants are destined to listen to every other day. However, yet another uphill task in front of them is to satisfy their clientele and provide them with a solution viable for all in the organization i.e. employers, managers and employees.

The crux of the matter, according to SHRM experts lies in lack of Talent Management - a comprehensive terminology defined by Association for Talent Development (ATD), formerly ASTD as,

“A holistic approach to optimizing human capital, which enables an organization to drive short- and long-term results by building culture, engagement, capability, and capacity through integrated talent acquisition, development, and deployment processes that are aligned to business goals” (ATD, 2009).

Talent management strategy, if aligned properly with the organization’s vision, mission statement and goals, can do wonders. A comparison of the aforementioned definition with the one given by CIPD below reveals no big differences.

“Talent Managementis the systematic attraction, identification, development, engagement, retention and deployment of those individuals who are of particular value to an organization, either in view of their ‘high potential’ for the future or because they are fulfilling business/operation-critical roles” (CIPD, 2009).

Talent Management Strategy for any organization emerges out from its business plan. A well designed Talent Management process involves the active participation of almost all HR functions from job analysis to critical skills gap analysis.

Any organization, spending time and resources on its workforce planning always remains at a definite edge as in return a right person recruited at the right time at the right place positively adds up to its profitability charts. Workforce planning saves the organization from the exploitation of its precious financial resources in the years to come.

Gone are the times, when Talent Acquisition was deemed enough to run the business affairs smoothly without any fluctuations. Now, there is a tug of war between talent hunters to choose the best out of market at any cost making human capital retention a big challenge. Without having a sound Talent Management Strategy, now it is almost impossible for companies to keep their human potential hundred percent intact with them for long. So, the need for succession planning, employee engagement, training and development, handsome compensation and benefit packages along with performance management gets multifold.

Unless your business strategy is not properly aligned with the talent management strategy, there will remain a dearth of collaboration and coordination at both ends – employer and employee sides, hampering the overall growth of the organization. In today’s competitive business world, hiring the best possible candidate is not enough, but you also need to provide them with a dynamic platform to progress and proceed further.

Talent Management strategy keeping in view an employee’s potential gears them upward in the organizational hierarchy via succession planning. Adds further to your human capital’s growth is strategic training and development strategy as it not only gives the employees an opportunity to explore their talent and skill set but also makes them more productive and confident in their respective spheres.

When an organization gives it’s human asset due attention by assigning them tasks they are most desirous to achieve, the ones related to their job descriptions promising higher monetary returns i.e. compensations and benefits, they love to invest all their energies for maximizing the profits of their organizations. They feel a sense of achievement with every step forward. Collectively holding the signboard, “No worries! We stand by the company in every of its thick and thin”, they really leave behind no Whats to worry about for the employers.

They become least complainant; least bothersome for the top management – resolving most of their Whys.

And when the organizations’ employees are well satisfied with their current placement and future career roadmap, are duly compensated and encouraged for every single effort, are provided opportunities to enhance their professional portfolio, are awarded for top notch performance and are respected for bringing progress to the business just like a business partner – then the doorway to all Hows filled with anxiety and distraught automatically gets closed.

Talent Management is like a bridge that fills the gap between Employers, Managers and Employees with all sitting on one table, taking best possible decisions and adopting most suitable measures to make their businesses collectively grow. Such are the conglomerates creating success stories to be remembered long after!

HR Policy Making in Pakistani Organizations.

In the last decade or so HR practices in Pakistan have undergone some major transformations mainly due to advent in technology, arrivals of foreign companies, induction of business graduates into businesses and competition among firms. But the spread of INTERNATIONAL standard HR practices & concepts still has not penetrated to all business sectors and a lot of work is required by HR professionals to strengthen this field.

In addition, it has been seen that STANDARDIZATION of HR practices within many companies is often neglected even though it is a known fact that well drafted standardized HR policies & procedures save the company hours of management time. The CONSISTENT use and interpretation of such policies, in an evenhanded manner, reduces management's concern on legal issues becoming legal problems.

A vast of majority of Pakistani HR professionals lack the fundamental knowledge of HR Policy making. Its not surprising , the company management teams DO NOT TRUST the ability of their HR department to deliver an HR policy manual and resort to hiring a consultant to do the job. A common MISCONCEPTION is that HR policies manual are developed only to streamline administrative tasks. Hence, it is considered a non-strategic activity which does not require much deliberation from the top management and copy-paste arrangements are considered sufficient.

As an HR practitioner I believe that the onus is on the Head of Human Resources department to ensure that HR team is well versed at developing HR Policy Manual, and educate the top management on how an HR policy manual will help the company achieve its strategic objectives.

There are other issues associated with the drafting of HR policy manual that can be observed across various companies within Pakistan. Most HR policies are constructed based on the Best Practices methodology WITHOUT considering the relevancy to the industry in which the company operates or the life cycle (inception, growth, maturity, decline) in which the company is going through. HR policies are seldom revised whenever there is a change in business strategy. Furthermore there is HARDLY ANY effort made by the HR department to monitor the impact of HR policies on business and on employee satisfaction.

In some companies HR Policy manual is not made available to employees and concept of employee handbooks is still considered a far-fetched idea.

Since most HR department heads are not treated as strategic business partners, they become so complacent with the status-quo that they RARELY proceed with a change in policy out of the fear that it might trigger lengthy discussions and difference of opinions within the board of directors NO MATTER how important the HR policy changes maybe.

The idea behind developing HR Policy manuals is to help staff and management teams run the organization in a consistent manner. In BEST use situations, policies play a strategic role in an organization. If they are developed in light of the mission and objectives of the company, they become the MEDIUM through which management plans, rules and business processes become documented and communicated to all staff. It's a win-win situation for both employees and the management.

About the Author: Muhammad Usman was working as Senior Consultant HCM for Abacus Consulting, with over seven years of diversified experience in the field of HR, Business Intelligence & Sales Operations at the time of first publication of this article in the 9th TimeTrax HR Professionals NewsBeat in November 2011 and is currently the Job Evaluation Analyst at ZADCO, United Arab Emirates.