Write a strong job description that includes:• Position, title and • Impact of the job reporting relations • Roles, responsibilities• Functional description and duties of the job and its purpose • Job speciﬁcations• Some indication of the • Special circumstances or conditions of meaningfulness or employment their importance
• What credentials and qualiﬁcations are necessary/desirable?• What knowledge/experience, skills and abilities are needed?• What type of person succeeds (what personality characteristics or work habits lead to success)?• What are the cultural imperatives in your organization and what type of person matches this?
• Understand the legal deﬁnition of discrimination and how suits may be brought (see Appendix)• Train HR personnel and hiring managers• Develop fair, standardized procedures for hiring• Document data necessary for EEO evaluation
The Model — Make Sure…• … it is structured and standardized• … you are measuring the characteristics necessary for success• … you are documenting results for EEO tracking• … to work the model (improve it — don’t quit)
Three Types of Discrimination1. Intentional prejudice2. Disparate treatment3. Disparate or adverse impact
1. Intentional PrejudiceMembers of certain protected groups are treatednegatively because of who they are (because of acharacteristic which is protected) •Blatant and infrequent •Examples:! “Blacks need not apply”! “No women allowed”
2. Disparate TreatmentDifferent standards are applied to different groupseven though there may not be explicit or intentionalprejudice •It is discriminatory if differential treatment is unfair or unrelated to qualiﬁcation or ability to perform the job •Examples: • Not hiring women with children while hiring men with children • Testing minorities but not white applicants
3. Disparate or Adverse ImpactPeople in a protected class are adversely impacted by astandardized employment practice, although it may appear tobe neutral or fair. •May often be unintentional •Is discriminatory if policy or rule cannot be proven valid or job related •Examples: • Height and weight requirements not proven valid • Certain test or speciﬁcations (e.g. H.S. Diploma) • Credit references, etc.
Who/What is Protected? Nationally New York State: • Race • Marital Status • Color • Legal Users of Tobacco • National Origin • Religion • Sex/Pregnancy • Age • Physical Disability
Decisions and/orConduct Regulated• Hire/Fire• Compensations and promotions• Terms, conditions, privileges of employment• Harassment• Retaliation
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