We build structured hiring processes for our corporate clients. Some of the processes we see, prior to the revision, are long-drawn out systems of multiple steps and the collection of data that one would be hard pressed to review, much less show that the step was job related. The issue of valid selection criteria is emerging as a area of interest to employment lawyers. Today, you need to be able to show the validity and business necessity of any selection criteria you use. You must be able to document that the standards you use for selection are in fact essential to the job and/or predictive of success on the job, while not causing disparate impact on protected classes. You must be able to show through statistical analysis of your workforce data that the selection criteria is in fact related to factors demonstrated by your own workforce at particular established levels. Read more…
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