Anti-Discrimination Laws: Are Your Hiring Practices EEO Compliant? - Mission to Grow: A Small Business Guide to Cash, Compliance, and the War for Talent - Episode # 95
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Staying compliant during your hiring process can be challenging, especially as well intentioned questions can actually end up being discriminatory. Our guest this week helps clear up any misconceptions around EEOC. Please welcome to the show, VP of HR Compliance and Learning and Development at Asure, Mary Simmons!
Mary and Mike sit down to explore some of the common pitfalls employers experience in the hiring process. Mary dives into the federally protected classes, the importance of having consistent questions, and how to write accurate physical requirements in your job descriptions.
Takeaways:
- While some states may not require anti harassment training, there is still a federal level of regulations that need to be observed. By knowing the nuances of your state you can ensure you stay compliant with regulations.
- Under the EEOC, there are 8 protected classes: race, color, religion, sex, national origin, age, disability, and genetic information. These are the federal protected classes, and some states add on additional protected classes.
- For employers, acting out of good intentions can accidentally count as discrimination. While moving a pregnant employee to a less physically strenuous job may seem like an accommodation, doing so without asking could be considered discrimination.
- While it may be tempting to discredit employee feelings alone, doing so can have negative repercussions. While you may not be found legally responsible in a lawsuit, the cost and reputation losses alone can severely impact your working environment.
- When building out your job description, you need to have physical requirements that are realistic. Any job, whether it’s working in a warehouse or sitting at a desk should include the physical requirements of the role.
- When dealing with disability in the hiring process, employers need to ask all candidates the same questions, and allow the candidate to make the distinction as to if they can meet the physical requirements.
- No two candidates are the same, and asking the same questions protects you from being discriminatory. Consistency in your questions allows you to evaluate your candidates on the basis of their answers.
Quote of the Show:
- “Feelings are important here, because I have to feel safe at work.” - Mary Simmons
Links:
- LinkedIn: https://www.linkedin.com/in/marysimmonshrconsultant/
- Company Website: https://www.asuresoftware.com/
Ways to Tune In:
- Spotify: https://open.spotify.com/show/2XThTdn7YC1lkAm0PgZUkj
- Apple Podcasts: https://podcasts.apple.com/us/podcast/mission-to-grow-a-small-business-guide-to-cash-compliance-and-the-war-for-talent/id1725890976
- Amazon Music: https://music.amazon.com/podcasts/328dddd0-3c4f-4b07-a0d3-13bdcb418486/mission-to-grow-a-small-business-guide-to-cash-compliance-and-the-war-for-talent?refMarker=null
- Audible: https://www.audible.com/pd/Mission-to-Grow-A-Small-Business-Guide-to-Cash-Compliance-and-the-War-for-Talent-Podcast/B0CS71KQFM?qid=1706208857&sr=1-1&ref_pageloadid=not_applicable&ref=a_search_c3_lProduct_1_1&pf_rd_p=83218cca-c308-412f-bfcf-90198b687a2f&pf_rd_r=A1ME8MBECSVZ6K4D7CNT&pageLoadId=QBtg12mqKsuZPLGY&creativeId=0d6f6720-f41c-457e-a42b-8c8dceb62f2c
- Podchaser: https://www.podchaser.com/podcasts/mission-to-grow-a-small-busine-5591006
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