10 Ways to Make Good Hiring Decisions Out of Bad Decisions

Have you ever wondered why hiring success rates are only at 50%? Perhaps you’re guilty of one of the 10 Ways to Make a Bad Hiring Decision.

1. Make an emotional decision and justify it with facts. It’s easy to make a quick judgment on a candidate based on the 4 A’s: attractive, articulate, assertive, and/or affable. It’s been shown that candidates who pass one of these tests are often asked easier questions during an interview and undergo less scrutiny during the hiring process. Contradictory or negative information is ignored.  Unwittingly, candidates who don’t meet the “first impression” test don’t move to the next step.
2. Disregard or ignore objective data if it contradicts your personal beliefs. It’s tough to eliminate a candidate you like, regardless of their lack of expertise, shady background, or inability to answer your questions. Rather than go with the truth, you take the easy route, and trust your gut instead to make a hiring decision.

From the Blooper Book

We pause for a moment to reflect on the inane, the odd, and the downright silly that we come across in candidates’ job applications:

So you’re saying you’ll work for free…?

What is the minimum base salary or wage you must be offered to accept employment? “Whatever I’m blessed to receive!”

With his handle on cutting-edge technology, our company is sure to succeed!

Please list any special skills you may have which would be helpful in considering your employment: “Windows ’95, Windows ’98, electronic “e-mail”, the world wide web”

“Officer, I’m sure you’ve heard this a hundred times, but she really IS going into labor…”

Growth of Hair Testing

We have seen a growth in the number of companies which want to do hair testing for drugs of abuse. The greatest difference between urine and saliva testing methods as compared to hair testing, is the window of detection. Saliva and urine have a window going back to 72 hours, although urine marijuana can be longer based on the THC content of the marijuana ingested, the frequency of use, the age of the donor and the weight of the donor. Hair testing will give you approximately a 90 day history of drug use. For pre-employment testing, hair will give you the best picture of an applicant’s drug use history.

Baltimore, Maryland Passes “Ban the Box” for All Private Employers

On May 15, 2014, the City of Baltimore, Maryland, became the tenth U.S. jurisdiction to "ban the box" by passing legislation restricting private employers from inquiring into the criminal history of job applicants.  Baltimore, Maryland joins other states/cities as follows:   Buffalo, N.Y., Newark, N.J., Philadelphia, PA, Seattle, WA, and San Francisco, CA, Hawaii, Massachusetts, Minnesota, and Rhode Island.

The Baltimore law forbids inquiries into criminal history before an employer makes a conditional offer of employment. Baltimore's law goes into effect on August 13, 2014 and applies to all employers with 10 or more full time employees.

Aurico recommends that employers review their applications for the criminal question and determine if they have operations in Baltimore, Maryland and other cities/states that would be impacted.  Aurico also recommends that employers consider removing the criminal question from the application and ask the criminal question later on in the process. 

Delaware Signs “Ban the Box for State Employers

Delaware’s Governor recently signed a “ban the box” law to prohibit public employers from inquiring into or considering the credit or criminal history of a job candidate during the initial application process (up to and including the first interview), unless otherwise required by state or federal law. Public employers must state this restriction in all “formal solicitations.

This new Delaware law does not specifically cover or define “vendors doing business with the State,” it explicitly “encourages” vendors to adopt policies in accordance with the statute. In light of this suggested encouragement, private employers that seek or hold contracts with the State of Delaware should consider refraining from inquiries into an applicant’s credit or criminal history until after the first interview.

This is an ongoing trend we are seeing from many cities and states across the country and most for State and City workers, however, we encourage employers to review their current application with their legal counsel to ensure their application is up to par with these regulations. 

Other states/cites that have “Ban the Box” for all Private and Publically Traded employers include:  Hawaii, Massachusetts, Minnesota, Rhode Island, Buffalo, NY, Newark, NJ, Philadelphia, PA San Francisco, CA and Seattle, WA. 

FMCSA Extends Comment Period on Drug and Alcohol Clearing House

Originally, comments were due Monday April 21, but the agency pushed that back to May 21 in response to a petition from the Owner-Operator Independent Drivers Association.  The rule will set up a system in which everyone associated with the federal drug and alcohol testing program will have to report test results, refusals to take test and return to duty results.

The purpose is to tighten the regulatory net by preventing commercial drivers from hiding drug or alcohol violations and ensuring that carriers are meeting their responsibility to test for substance abuse.

Sarbanes-Oxley Whistle-Blower Provision May Extend to Privately Held Companies

The Supreme Court ruled earlier this month in Lawson v. FMR LLC that two former employees of privately held companies were entitled to the protection of the SOX whistle-blower provisions.  This decision was made based on the employees allegations that their private company employers retaliated against them after they reported alleged shareholder fraud.  Private employers are now faced with another regulation that may impact them and employers should consider how and if the act applies to their organization and whether to develop policies to avoid violations of the act.