1. Traditional Recruitment Practices • Positive characteristics, rather than those things insiders find dissatisfying about the org, are communicated to outsiders • Those features that are advertised may be distorted to make them seem even more positive • Costs • Human Factor • Financial Factor

2. Realistic Recruitment • Realistic Job Preview (RJP) – attempt by organization to provide an accurate (both positive and negative) view of relevant aspects of the job and organization • Self-selection • Vaccination • Purpose – obtain a “fit” between people and jobs

3. Job Descriptions • Highlights nature of job duties for specific position • Outlines qualifications (BFOQs) that potential applicants must possess • Forms basis for recruiting and selecting employees • Necessary for evaluation of employee performance

4. Legal ConsiderationsTerms and General Info • Equal Employment Opportunity (EEO) legislation • Discrimination: employment decision-making or working conditions which are advantageous to members of one group compared to members of another group • Bona Fide Occupational Qualifications (BFOQs) – requirements essential for performing a particular job • Includes KSAs (Knowledge, Skills, and Abilities) • Compliance with EEO legislation is easy as long as everything that you do/say, or ask during recruitment refers to BFOQs

5. EEO Statutes • Equal Pay Act of 1963 • Prohibits unequal compensation for men and women who are performing equal work on jobs which require equal: • Skill, effort, responsibility, similar working conditions • Pay differences can be justified when based on: • Seniority, merit or piece-rate systems

6. Title VII of 1964 Civil Rights Act • Prohibits discrimination based on: • Race, Color, Religion, Sex, National Origin • These groups became “protected classes” • EEOC – equal employment opportunity commission created to monitor and enforce compliance • Investigates complaints • Resolves disputes through conciliation or litigation • Does not grant preferential treatment to anyone based on protected class membership • If selection procedure discriminates against protected group, it is not illegal if procedure is “job-related” or of “business necessity”

7. Diaz vs. Pan American Airways • A federal appellate court ruled that customer preference was not a legally defensible reason for discimination. Further, the court stated that discrimination based on sex is valid only when the “essence” of a business would be undermined by not hiring members of one sex exclusively

8. United Automobile Workers vs. Johnson Controls • Supreme court argued that “fetal protection policies” are a form of sex discrimination in violation of Title VII. “Women who are as capable of doing their jobs as their male counterparts may not be forced to choose between having a child and having a job”

9. Garcia vs Hooters Restaurant • Mr. Garcia was not a victim of sex discrimination. While he was able to establish a case for discrimination, Hooters provided an explanation based on “business necessity,” arguing that Hooters was specifically catering to a male clientele with attractive women and sports. The essence of the business was appealing to males through provocative women. The case is thus different from Diaz vs. Pan Am where the essence of the business was flying people from one place to another and the all-female staff had nothing to do with the essence of the business

10. Age Discrimination in Employment Act (1967) • Designed to prohibit discrimination due to age in employment decisions • Protects employees who are 40 yrs or older • Amended to make it illegal (with few exceptions) to have mandatory/forced retirement

11. Americans with Disabilities Act (1990) • Prohibits discrimination on basis of physical or mental disability • Impairment which affects a major life activity (seeing, speaking, walking, working) • Person has history of impairment • Organizations must provide “reasonable accomodations” which don’t place “undue hardship” on organization (compare cost of accomodation to employer’s operating budget)

12. 3 principles of EEO law • Any personnel decision is a “test” • If the “test” discriminates against a protected class, then job-relatedness (validity) or business necessity must be carefully established • EEO law does not require that an employer hire an employee who cannot do the job