CHECK LIST - Recruiting and Hiring Practices Audit
An employer’s recruiting, hiring and selecting practices must be free from discrimination under all of the federal and state fair employment practice laws. These laws have changed over time, and questions and practices that used to be allowed are now prohibited. the following self audit will help employers determine whether their current recruiting, hiring and selecting policies and practices are lawful.
- Company’s recruitment sources reach a cross-section of the local labor pool, including minorities and women.
- Company keeps a record of all applicants, including walk-ins, during the normal course of business or company keeps no records of applicants who are not hired.
- If company is a federal contractor, it has an affirmative action plan as required by Executive Order 11246, the Rehabilitation act, and the Vietnam-Era Veterans’ Readjustment Assistance Act.
- Company reviews hiring data frequently to identify the possible discriminatory impact of interviewing, screening and selection practices.
- Company trains all employment interviewers in the impact of the employment discrimination laws and in interviewing techniques.
- All interviewers are required to use a list of prepared questions and to use the same procedures for all applicants.
- Objective guidelines are in place for evaluating all job applicants.
- If job applicants are required to provide information concerning criminal conviction records, it is because there is a direct demonstrable relationship between those records and suitability for employment in the position sought, such as the need for bonding, or being in a child care position.
- Unless there is a proven relationship to the job being sought, the following questions are not asked of job applicants and information concerning them are not considered when making hiring decisions.
- medical or mental health history;
- national origin and citizenship status;
- height, weight or physical characteristics;
- membership in professional or civic organizations that would reveal national origin, race, gender, religion or any of the other protected classes under fair employment practice laws;
- military service history;
- marital status;
- sexual orientation;
- age;
- previous address;
- names of relatives;
- receipt of unemployment insurance, workers’ compensation or disability benefits;
- foreign languages;
- child care, family planning or number of children;
- religion or religious beliefs;
- past rejection for bonding; and
- salary history.
- All questions concerning education and training are job related.
- If company is required to complete federal or state affirmative action reports for which information concerning such things as disability are required, applicants are requested to voluntarily provide the information on a separate portion of the job application form that is removed before the form is given to anyone involved in making hiring decisions. Neither the information provided nor the failure to answer such voluntary questions is considered in making hiring decisions.
- Company requires all applicants to sign a statement concerning their veracity on all questions asked on the application form, except for those on the self-identification portion, and clearly warns applicants that a later-discovered false statement is grounds for dismissal if the applicant has been hired.
- Company can show a direct relationship between each pre-employment test used and subsequent performance on the specific job.
- All pre-employment tests and their results are kept on file for a reasonable period of time.
- Company informs rejected applicants of the reason for their rejection and this reason is reflected on company records.
- The only hiring preferences given to members of any protected group are those required by company’s affirmative action requirements, if any.