Talent Acquisition is ensuring we are compliant
The People/HR Team has always focused on ensuring that a company complies with labor laws, regulations, statutes, and court decisions in every location where employees work. The hot topics are always harassment and discrimination, classifying someone as a contractor or an employee, and who gets paid overtime. However, there are many, many more legal conundrums that can trip up a company - and during a reduction in force (RIF) those suddenly loom large. Former employees are both hurt and desperate. They will suddenly pay attention to the advertisements and conversations about lawyers that want to help former employees gain justice (and money).
Organizations can protect themselves by always doing the right thing. But, the right thing is not always so obvious. For example, many leaders (and some HR people) put a lot of weight on someone’s educational background. This is often due to bias because the individuals are saying to themselves, “I have a degree. I worked hard to earn that degree. I need someone that works hard. That person will end up being awesome like me if they earned a college degree.” This is not the right thing because there is probably no evidence that proves that having a college degree correlates with performance on the job. (The obvious exceptions are professions that require licenses or certifications, which then require a degree.)
Federal laws protect candidates from discrimination by requiring companies to base hiring decisions on factors that clearly predict on-the-job performance. In the US, courts have ruled that a degree requirement may create evidence of intentional discrimination. Lawyers have also proven the disparate impact of degree requirements against both Black and Hispanic candidates. In 2020 an executive order was issued that forced the US Federal Government to remove degree requirements for most federal positions. The US’ EEOC said that applying a high school diploma requirement is unlawful under Title VII of the Civil Rights Act of 1964, and likely unlawful under the Americans with Disabilities Act of 1990 [which states that discrimination includes, "using qualification standards, employment tests or other selection criteria that screen out or tend to screen out an individual with a disability or a class of individuals with disabilities unless the standard, test or other selection criteria . . . is shown to be job-related for the position in question and is consistent with business necessity." 42 U.S.C. § 12112(b)(6)]. The Ontario Human Rights Commission states, “Inflated job requirements pose discriminatory barriers for racialized applicants and others such as people with disabilities. An example is requiring a university degree when a high school diploma would do.”
Many laws require companies to identify competencies that enable performance on the job. Loi sur les compétences in Québec only allows training to count toward the obligatory 1% of payroll if the learning objectives tie directly to competencies that were identified for job performance. (An annual training plan is required that shows the connection.) The Ontario Human Rights Commission also requires companies to document bona fide requirements for each role so that appropriate accommodations can be identified. The equal pay acts that have passed in several US states and Ontario utilize job descriptions to determine how comparable positions are, as well as which requirements are essential vs. marginal. The required and preferred qualifications listed on job descriptions must be justified to ensure a favorable outcome for the employer.
The Talent Acquisition Team is typically neck-deep in job requisitions, sourcing and attraction activities, screening candidates, facilitating the selection process, and making offers. There is little time available to be strategic. That is, until hiring slows down. Once they have a breather, it is the perfect time to step back and look at the roles that the organization typically hires for. The TA professionals have an opportunity to work with the hiring manager and peers to map the key performance objectives, major tasks that someone in the role must take to successfully meet or exceed the objectives, and the competencies that enable exceptional execution of each major task. And, by prioritizing the list of competencies, a strong case can be made that the company is sourcing, attracting, and selecting based on attributes that are tied to job performance.
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Quick summary of key points - for those who don’t want to read the entire article: