Evidence Based Practice Interview Practices

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Review of EBP methods for lawful interviews.

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  • Hiring the wrong person is not only bad for your healthcare team, it is by far the largest investment for which you will have no return
    Poor hiring practices decrease the bottom line by turnover.
    Unlawful hiring practices decreases the bottom line with legal costs
  • Ignore these facets of the job and you can plan a vacation with the government in Alderson, West Virginia
  • Ignore these facets of the job and you can plan a vacation with the government in Alderson, West Virginia
  • Ignore these facets of the job and you can plan a vacation with the government in Alderson, West Virginia
  • If you use canned questions, you must use the same questions for every candidate
    You must ask all of the same questions, if not you will be perceived as inaccurately assessing the candidate
  • HR should keep all records from interviews - filed by date, job and requisition number
  • Prevention
    Train interviewers about discriminatory remarks and questioning
    Document exact reasons why the candidate was not hired
  • Prevention
    Document exact reasons why the candidate was not hired
    If you use a form letter – add addendum that states the reason why no offer was made
  • Prevention
    Document exact reasons why the candidate was not hired
  • Prevention
    Follow HR’s lead
  • Prevention
    Document exact reasons why the candidate was not hired
  • It requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay
    Sets restrictions on employing children under 16 and under 18
  • Prevention
    Complete background checks by HR
    Report any unusual responses to HR
  • Legal Rule-of-Thumb
    Practice the “Law of the Street” or “How would a reasonable person view this”
  • Review the highlights of this position with the candidate and allow time for questions about the role.
  • Do not get caught up in recording every detail; instead maintain eye contact and be engaged in the conversation.
    Do not write on the candidate’s application or resume because this can be used to support a discrimination or sabotage claim.
  • You should be cognizant of your verbal actions during any interview because what you say may propagate legal actions for breach of implied or express contract.
    Don’t make statements about guaranteed employment. Stay away from terms like “long-term” or “career longevity” since the employee can be laid off due to unforeseen circumstances.
  • The EEOC yielded research that shows minorities are more often dishonorably discharged, so this line of questioning could be construed as discrimination.
  • If you question about the home life of employees or potential employees, “you may be held liable for civil damages for intentionally thrusting yourself into the private affairs of others without invitation or permission” (Rector, 2002).
  • You can state your beliefs about unions (favorable or unfavorable) but it is best to only discuss unionization if necessary.
  • According to some State Laws you may not discriminate against someone because of marital status (married, divorced, single, widow).
    It is up to your personnel department to find answers to the questions regarding age, arrest records, and citizenship during the background check.
  • You can tailor an interview to the individual’s generation but do not tailor the questions - these must all be the same for every candidate.
  • In a study conducted at the University of North Texas, a recording of 10 white men reading the same 45-second passage was distributed to human resources directors and others who hire new employees.

    Based on the overall positive and negative impressions of the evaluators, the speaker with a California accent received the highest rating. The speakers with Minnesota, Boston, and Texas accents followed. The lowest ratings went to speakers with Louisiana, Georgia, and New Jersey accents.

    Although there are no laws prohibiting voice discrimination in the workplace, by making judgments about ability based solely on the accent of an interviewee, you may be depriving yourself of a great employee.
  • Ask why the candidate wants to leave his/her current position.
    Ask about job history - why left each position; explain an gaps - deviate from family issues.
  • Use a Journal Club with focused review of literature
  • Use a Journal Club with focused review of literature
  • Use a Journal Club with focused review of literature
  • Use a Journal Club with focused review of literature
  • Evidence Based Practice Interview Practices

    1. 1. Evidence-Based Management Interview Practices Mark Ambler, RN, BSN, MBA, CCRN Nurse Manager, ICU OSU Medical Center July 27, 2007
    2. 2. Evidence-Based Management • Based on Education (Thomas & Pring) and Medical models (Sackett) • Decisions based on behavioral scientific evidence • Hypothetical due to limited use Jeffery Pfeffer & Robert I. Sutton
    3. 3. “No problem can be solved from the same level of thinking that created it.” - Albert Einstein
    4. 4. Poor Interview Practice In 2004 it was calculated that the U.S. spent $105 billion a year on poor people management.
    5. 5. Interview Goal Two-fold goal of hiring: • Hire the right person • Avoid a lawsuit by preventative measures Text
    6. 6. Interview Goal Two-fold goal of hiring: • Hire the right person • Avoid a lawsuit by preventative measures Text To accomplish these goals Educate Educate Educate
    7. 7. Legality of Management Managers need a strong background in Human Resources and at minimum knowledge about Title VII of the Civil Rights Act to prevent a lawsuit or to defend your actions in court
    8. 8. Legality of Management Managers need a strong background in Human Resources and at minimum knowledge about Title VII of the Civil Rights Act to prevent a lawsuit or to defend your actions in court
    9. 9. Best Practices Two-way communication Be consistently consistent • Must use the same questions for every candidate • Must ask all of the same questions
    10. 10. Best Practices Retain Accurate Notes • Plaintiffs have up to two years to file a lawsuit If protected class information is brought up by the candidate • Inform her that it is irrelevant in the hiring process and will not be a factor
    11. 11. Protected Classes During an interview a manager should not inquire or discuss protected characteristics such as
    12. 12. Protected Classes During an interview a manager should not inquire or discuss protected characteristics such as Physical disabilities Pregnancy Family matters Religion Age Arrest records Race Citizenship status Financial status Memberships to clubs or organizations Sexual orientation
    13. 13. Disability Questions If you are concerned about a person’s ability to perform the job, you can ask about needed accommodations – but you cannot base your decision for hiring on the answer
    14. 14. Disability Questions If you are concerned about a person’s ability to perform the job, you can ask about needed accommodations – but you cannot base your decision for hiring on the answer
    15. 15. Laws of Management
    16. 16. Laws of Management • Title VII of the Civil Rights Act of 1964 & 1991 • Age Discrimination in Employment Act of 1967 • Pregnancy Discrimination Act of 1978 • Immigration Reform & Control Act of 1986 • Americans with Disabilities Act of 1990 • Fair Labor Standards Act of 1938 • Negligent Hiring & Retention Claim • At-Will Employment
    17. 17. Title VII of the Civil Rights Act of 1964 & 1991 Prohibits discrimination based on race, color, religion, sex and national origin
    18. 18. Age Discrimination in Employment Act of 1967 Prohibits discrimination of eligible persons age 40 years or older
    19. 19. 14
    20. 20. Andrews v. City of Cookeville 14
    21. 21. Pregnancy Discrimination Act of 1978 Prohibits discrimination on the basis of pregnancy, childbirth or related medical conditions; women affected by pregnancy or related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations
    22. 22. 16
    23. 23. Wagner v. Dillard Department Stores 16
    24. 24. Immigration Reform & Control Act of 1986 Employers may hire only persons who may legally work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired
    25. 25. Americans with Disabilities Act of 1990 Prohibits discrimination on the basis of disability
    26. 26. Fair Labor Standards Act of 1938 Set of standards administered by the Wage and Hour Division that stipulate the basic minimum wage and overtime pay
    27. 27. Negligent Hiring & Retention Claim Employers have the duty to hire employees who will not harm other employees or customers
    28. 28. Doe v. First Presbyterian Church
    29. 29. At-Will Employment Employment relationship can be terminated by either party without liability
    30. 30. At-Will Employment Employment relationship can be terminated by either party without liability Practice the “Law of the Street”
    31. 31. Matthew Reasoner v. Bill Woeste Chevrolet
    32. 32. Questioning Techniques Frequently what you do or say during and interview is used litigiously. Nurses are professionals, so treat them as such.
    33. 33. Questioning Techniques The best interview is well choreographed with segues between topic transitions. The interview should be conducted in business like manner.
    34. 34. Questioning Technique Use behavioral and performance based open-ended questions and listen to the response. “Listen for silences and what people don’t say. And always ask if the former employer would be willing to hire the person again.” Wang (2004)
    35. 35. Notes About Notes Tell the candidate that you will be taking notes during this process. When taking notes do so on a pre-designed form or separate piece of paper.
    36. 36. Legal Rule of Thumb Avoid breach of implied or express contract Don’t make promises If it is not germane to the job Don’t ask it
    37. 37. Interviewing Tips Tailor questions to unit Keep the interview needs conversational - be willing Balance positive and to rearrange question order negative questions Follow the 80/20 rule - Avoid leading questions interviewee speaks 80% of the time, interviewer 20% Explain use of behavioral- style questions Use short supplemental questions to hone in on candidate knowledge, actions, and motivations Take notes Reproduced with permission from The Advisory Board, Nursing Executive Center, Washington, DC © 2004
    38. 38. CAUTION
    39. 39. Bankruptcy You may ask only if financial information is job related. Military Service Unless the information about discharge from the service is job related, you should avoid asking questions.
    40. 40. Medical History The ADA prohibits employment decisions based on medical history. Employee Off-Duty Activities Do not “thrust yourself into the private affairs of others”.
    41. 41. Union Activity Federal law protects potential employees from discrimination related to their union support or nonsupport. Religion You may not initiate a conversation about religion unless it is job related.
    42. 42. Marital Status You should not initiate conversations about spouses or children.
    43. 43. Generational Gaps The interview should be tailored to the individual generational needs • Baby Boomers • Generation X • Nexters Emphasize the Team “People need to work with you because the days when they worked for you are gone” Julia K. Garrison NTI 2007
    44. 44. Myth Buster Do not rely on interview myths like eye positioning and body language. Analogies may present problems - previous candidate reactions may not be of benefit with this interview. Listen to the answers: What is known about the situation What are the likenesses to past events What is unclear What are the differences What is presumed
    45. 45. QUESTIONS
    46. 46. • Why are you interested in working for us? • What are your strongest skills? What skills would you like to improve upon? • Describe the characteristics of an excellent nurse.
    47. 47. • Describe your most significant (team, individual, job-specific) accomplishment. • Tell me about a time that you were given criticism. How did you handle it?
    48. 48. • What do you do to cope with stress? Have these techniques ever failed? • One major challenge we are facing is (describe) how would you resolve it? • Tell me about a time you had a conflict with a coworker or boss.
    49. 49. • Give an example of a time you provide superior customer service. • What can we do to treat you well and allow you to do your best job? • We have several excellent candidates; tell me why we should hire you.
    50. 50. The Real Work Begins If a position is offered you must work to retain your investment. As the manager you are the champion of retention. You must act as the coach, mentor, and trainer to your staff. They will look to you for guidance. You must hone your skills as a manager to retain the best - this is achieved by using Best Practices.
    51. 51. EBM
    52. 52. Evidence-Based Management
    53. 53. Evidence-Based Management • Question why • Use Best Practices • Review relevant literature • Question why, again
    54. 54. Stelter Method Focus of Review Identifying the purpose and focus of the literature review Validation Validate the research and data as applicable and relevant to management Comparative Evaluation Review similar research studies and evaluate parallels and feasibility of using the research in practice using the 3 Rs: potential Risk, Resources needed, and Readiness of the participants
    55. 55. Stelter Method Decision Making Participants have the option to make the decision to use the findings, consider use, delay use, or reject the findings Translation / Application Participants will decide the best way to apply the newly found process Evaluation Determine the impact of the newly formed practice or policy on the strategic goals of the organization
    56. 56. “Previous practice does not guarantee future success.” - Mark Ambler
    57. 57. Web Sites The U.S. Department of Labor www.dol.gov Workforce www.workforce.com The Advisory Board www.advisory.com

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