Preemployment inquiries under the FMLA and ADA: What’s prohibited?

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by BLR 

What questions are employers prohibited from asking a job candidate under the Americans with Disabilities Act (ADA) and Family and Medical Leave Act (FMLA)?

Preemployment inquiries and the ADA

Under the ADA, an employer may not ask about the existence, nature, or severity of a disability until the employer has made the applicant a conditional job offer.

However, an employer may describe to applicant what the hiring process involves (e.g., a written test) and ask him or her whether he or she will need a reasonable accommodation for the hiring process.

An employer may also ask a job applicant if he or she needs a reasonable accommodation, if the employer knows that this applicant has a disability—either because it is obvious or the applicant has voluntarily disclosed the information—and could reasonably believe that the applicant will need a reasonable accommodation.

Likewise, an employer may inquire about an applicant’s ability to perform job-related functions, with or without reasonable accommodation. This can be accomplished by describing a particular job duty (e.g., carrying 50-pound bags from a loading dock)—and then asking whether the applicant can perform that function or demonstrate how to perform it.

Preemployment inquiries and the FMLA

There are no specific FMLA statutory or regulatory requirements regarding preemployment inquiries. However, it is not advisable to ask about leave previously taken, because the question could indicate discriminatory intent or an intent to retaliate against the employee’s protected exercise of leave rights.

http://trendpersonnel.com/administrator/index.php?option=com_k2&view=item&cid=153

Résumés—Stop Wasting Time!

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apply now dallas, dallas temp jobs, dfw careers, dfw staffing, dfw staffing agency, online applicants, Recruiting, resume tips, staffing agencies, trend personnel

by Stephen Bruce | BLR

By the way, if you  end up in that cartoonish position of having 2,000 online applicants, you  probably need to find some knockout requirements to get that pile smaller. Or,  you could, for example, decide to look only at the first 250. Whatever system  you choose, be sure that it doesn’t discriminate.

Your Time Is Precious

You need a system to keep all those unqualified candidates’ credentials off your  desk and off your computer desktop as well.

Clear and Detailed Postings

First of all, in all your advertising and posting, be clear about the requirements and be specific about the job. Unqualified candidates will self-select out, and the best candidates will be intrigued by the close match between what you seek and what they offer.

Complete and Consistent Data

In many cases, you’re stuck with a variety of application material such as application  forms filled out by walk-ins, e-mail notes, letters from various people recommending candidates, and letters or résumés with little information in them.

Before you review, try to get as much information as possible in  the same format. You can’t compare one candidate who submitted a brief letter  to one who sent in a detailed résumé and filled out an application. If  information is too brief, ask the person to apply online with full information or request a more-detailed résumé.

Review Efficiently

Next, be careful to review credentials efficiently. In the winnowing process, you  want to spend as little time as possible with the obvious rejects—and more time on serious candidates.

http://trendpersonnel.com/en/news/item/133-resumes-stop-wasting-time

It Pays to Recruit Passive Candidates

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applied for a job, best talent, Continually recruit, dallas staffing office, DFW temp to hire agency, looking for a new job, passive candidates, positions, Recruit Passive Candidates, recruiting agency, switching jobs, trend personnel, trendpersonnel

by Bridget Miller | BLR

As the unemployment rate inches further downward and positions are taking longer to fill, many employers are looking for new and innovative ways to reach the best talent. One option that is increasing in popularity is searching for passive candidates—individuals who may not be directly looking for a new job, but who would be open to switching jobs if the right opportunity arises. 

It Pays to Recruit Passive Candidates

You may be wondering why an employer would go to the trouble of looking for someone who has not even applied for a job opening. There are actually several good reasons employers are using this tactic: 

• When a job is posted, employers sometimes find that the majority of applicants do not have the desired skills and experience for the role. By searching for individuals who have the necessary experience and contacting them directly, an employer can overcome this hurdle. 
• Getting high-talent individuals can be a competitive advantage; some companies find that seeking out the “superstars” in the industry is worth the extra effort. 
• Passive candidates represent an increasing percentage of the job market—in fact, they represent the majority of the available candidates. According to LinkedIn, passive candidates represent approximately 75 percent of the workforce. By opening up lines of recruiting and putting resources toward reaching out to passive candidates, employers significantly increase the potential talent pool. 

How Can You Find Passive Candidates?

Reaching out to passive candidates requires entirely different actions than getting the attention of active candidates. Active candidates are the ones that see a job posting on job boards and react. A passive candidate may or may not even be browsing job boards. Here are a few ways employers can begin finding and reaching out to passive candidates:

• Use your existing employees.  Some employers offer referral programs, for example.
• Be visible where your ideal candidate is already looking. While the passive candidate may not be looking at job boards, they are probably networking or otherwise involved in the industry. Be visible at industry functions, conventions, and other related events. 
• Cultivate your online presence. Once you get the attention of a passive candidate (or any candidate, for that matter), you’ll want to be sure that your online presence provides plenty of information about the organization, including the company culture. Prospective employees should be able to get a sense of what the organization is like. Be sure your organization is presenting a consistent image across online platforms such as the company website, social media accounts, and other online touch points. 
• Make it easy to contact you and to navigate the application process. In other words, don’t give potential employees a reason to run away before you’ve even brought them onboard. Review your process objectively and see if there are any hurdles or any gaps. 
• Consider using a specialized recruiting agency. Recruiting passive candidates takes a lot more time, effort, and energy than recruiting active candidates. Some employers find it’s more cost effective to turn the task over to a recruiting agency that specializes in this type of recruitment. 
• Analyze what you’re offering. By definition, a passive candidate is likely going to be tougher to bring onboard, so the job offer—including all of the associated responsibilities and benefits—has to live up to the hype. Consider whether your organizational culture and goals are such that your organization will be able to bring in and retain top talent, and if not, assess what needs to change. 
• Review your social networks. Social media followers are an existing network of individuals who have already expressed an interest in the organization. This can be a great place to start a search. Also consider browsing extended networks and using talent pools that are publicly available, such as LinkedIn. 
• Continually recruit. The perfect candidate is tough to come by, but can sometimes be found when you’re not even looking to fill a role. Have a mindset in which you’re always recruiting—even when there are no openings to fill. By doing so, you’ll be attuned to possibilities and may have a candidate in mind the moment a job is available. Build a pipeline of potential candidates to contact.

http://trendpersonnel.com/en/news/item/132-it-pays-to-recruit-passive-candidates

 

6 Common Mistakes in Hiring Support Staff

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administrative staff, apply for job, bad hire, business competition, dallas jobs, DFW careeres, hiring professionals, Hiring Staff, online recruiting, recruitment and retention, screening, Support staff, top candidates, trend personnel

by Bob Brady | BLR 

Support staff are not interchangeable parts. Sidestep these 6 mistakes and you can hire and keep the best.

In the army, it’s the infantry; in the factory, the line workers; and in the office, the administrative staff. Every organization has its “troops”—the people who carry out the basic tasks of the business.

Think of these folks as interchangeable parts, however, and you could be making a big mistake, says the website, AllBusiness.com.

The site published a list of things to keep in mind and do in hiring support staff. The basic message: Put the same kind of care into hiring your “troops” as you would anyone else. Because any chain of command, whether it’s in the heat of battle or the heat of business competition, is only as strong as its weakest link.

We’ve paraphrased and condensed some of their advice.

Don’t rush.

Because support staff is often urgently needed and relatively cheap in payroll impact, it may be tempting to simply go out and hire the first candidates in the door. Not a good idea. Instead, make a list of the specific skills and characteristics you’re looking for, whether it’s proficiency in certain office systems or a cool attitude to fit in a pressure situation. Then make sure your job ad clearly projects your needs.

Screen, as you would for any job.

Who needs to spend time comparing resumés and calling references for a file clerk? You do! These screening steps are as essential for support jobs as for any other and will help you whittle down the field to the best candidates, without going through a lot of unproductive interviews.

Bring others in.

Support staff usually interact with a lot of people, so it’s wise to call on others and get their needs and preferences before hiring and to invite them to meet or even interview your top candidates. And don’t hesitate to test skills. If the skills are technical in nature, such as computer operations, have the testing done by the relevant manager.

Don’t overhire!

When things are piling up and everyone’s screaming for help, it may seem wise to hire as many support personnel as you can. Remember, though, that crunch time is the exception, not the rule. You can always bring in additional support staff (perhaps through temps). It’s a lot harder to let people go, or worse, to spend your time coming up with things for them to work on when things get slower.

Retention counts for support staff, too.

While you’re dreaming up uber-benefits to keep your CEO or CFO, don’t forget the folks who turn their grand plans into reality. Assemble the best benefits package you can for your top support staff, then use those perks as a recruitment and retention lure.

Don’t be stampeded by cries for help by your internal clients.

Sending them a bad hire is worse than sending them no hire. Work diligently to find the right candidates and those cries will soon turn to cheers.

 

http://trendpersonnel.com/en/news/item/131-6-common-mistakes-in-hiring-support-staff

Things You Should Never Do When Applying For A Job

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applying for a job, cover letter tips, dallas careers, descriptions, dfw staffing, how to apply, job experience, job within the same industry, recruiting agency dallas, resume tips, rockwall jobs, texas jobs, trend personnel, work history

              Vivian Giang | Business Insider

Never make your cover letter or introductory email longer than three paragraphs

Here’s what you should include:

1. Why you are sending the cover letter.
2. How (or from whom) you heard about the opening.
3. Something specific that cannot be inferred from your resume (i.e. work situation, special skills or the kind of job you’re looking for).

Here’s what you shouldn’t include:

• Don’t state what kind of pay you’re looking for since there are many different components in a salary package that can confuse a recruiter. This is the kind of thing that can be discussed during or after the interview.

Don’t put your name and contact info on the side, bottom or back of your resume — they should always be at the top

This is how it should be done:

1. Put your name in bold face and/or regular caps.
2. Include your full address and home, work (optional) and/or cell phone numbers and your email address but do not bold these.

Education should never be listed above experience

Unless you have five higher education degrees.

Or if you’ve recently completed a degree and don’t have too much of a work history. The rule here is that you can list “Education” first if you’ve graduated within two years.

• Also, always list the most recent degree first and continue in descending order.

Don’t break the one-page rule unless you have more than 8 years of experience

But if you have a lot of experience, then two pages can be used — just don’t fill up the second page.

Here are the basic rules:

1. A full-time job that lasted less than three months doesn’t need to be included.
2. If you have 3+ years of work experience, omit summer jobs, but internships related to your current job experience can still be included.
3. If you have 15+ years of work experience then your first job doesn’t need to be included, especially if it’s unrelated to your industry or to the position you’re applying for.

Don’t include short, worthless descriptions. Back up your credibility with some impressive numbers

If you’re applying for a job within the same industry, include some big numbers that will surely place you closer to the top of the pile.

For example:

• Manage a portfolio of $750MM
• Billed over $500k in 2010
• Market to Fortune 1000 companies with a minimum of $1B in sales

http://trendpersonnel.com/en/news/item/130-things-you-should-never-do-when-applying-for-a-job

No Job Description? No Go for Recruiting

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dallas recruiters, dfw temp agency, Evaluations, Good Applicants, Interview, job description, make a job offer, Recruiting, recruiting materials, recruiting process, staffing firm dallas, texas jobs, trend careers, trend personnel, Unqualified candidates

by Stephen Bruce | BLR

In legally dangerous territory of recruiting, there are a lot of potential mistakes. But the biggest mistake is setting out without a clear picture of what you are looking for.

Good Applicants Steer Clear

First of all, think from the point of view of the applicants. They are trying to  figure out what you are looking for and if it’s a good fit for them. If your  description of the position is vague, two things happen:

1. The really good candidates steer clear—they can tell you don’t have it together, and they pass on by. 
2. Unqualified candidates will line up in droves—with a vague description, almost all candidates can convince themselves that they are qualified.

You’ve lost the game even before you start: Your pool of candidates doesn’t even include the best prospects, and it’s full of unqualified people that you’ll  have to wade through.

Evaluations Are Meaningless

Then you start the evaluation process, comparing candidates to pick those to move  along in the recruiting process. 

But with no clear picture of what you need, you’re really just guessing. Your evaluations are essentially meaningless. But, OK, eventually you get a list of  finalists to interview. 

Unfortunately,  when you don’t know what you are looking for, your interview will devolve into  chitchat, small talk, and general beating-about-the-bush. You’ll make some  decisions about candidates, but based on what? Probably personality and  likeability. (Were those the discrimination bells ringing?)

Eventually, you’ll make a job offer. What’s the likelihood that you’ll end up with a  well-qualified hire? Not high.

Bottom Line—Start with a Job Description

Let’s  go back to those applicants. If you’ve used a well-written job description to  prepare recruiting materials—that is, the information you post or print or  share with recruiters to advertise the job—applicants can make a meaningful  self-screening. 

The  better candidates will eagerly apply when they see a believable job description  that matches their expertise and desires.

Will  unqualified candidates still apply? Sure, but most will screen themselves out,  and the ones that do apply won’t be angry or surprised when they don’t advance  to the next round—they’ll know it was a long shot.

Then comes the selection of candidates to interview. From the job description you  prepare a clear list of the skills, abilities, and attributes you need. It’s easy to screen candidates against that.

Is it time to interview? Actually, before you interview, ask yourself, is an  interview the best way to find out what we need to know about these candidates? 

 

http://trendpersonnel.com/en/news/item/128-no-job-description-no-go-for-recruiting

Important Purposes for Job Descriptions

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apply now work tomorrow, assessment tool, dallas recruiting, employers, employment laws, helps applicants, hiring process, job descriptions, jobs in DFW, now hiring professionals, performance review, purposes a job description, trend personnel

by Bridget Miller | BLR

Job descriptions are not just a “nice-to-have.” They serve several important purposes for employers, employee, and applicants. How many can you name?

What is the Purpose of a Job Description? 

Let’s take a look at some of the many purposes a job description serves. A job description: 

• Keeps everyone on the same page in terms of what is required from a role. This helps applicants, employees, and the employer. 
• Helps with meeting Americans with Disabilities Act (ADA) obligations by delineating essential versus nonessential job functions.
• Helps the employer to find the best fit during the hiring process. It also helps applicants assess whether they are a good fit for the organizational needs. Clarifies who is responsible for what tasks.
• Explains the primary objectives and responsibilities of a position.
• Outlines the qualifications needed for a position.
• Assists with performance reviews by acting as a basis for employee goals and performance expectations. This improves employee accountability.
• Identifies where a role fits within the organization.
• Helps to determine employee training needs.
• Can be a tool to convey the company’s core values, mission, and goals. 
• Helps an organization determine gaps and overlaps in responsibilities and roles.
• Can be the first basis for determining what pay grade a job fits into, and can also be used as a basis for comparison of pay among various job grades.
• Can help to assess whether a job should be classified as exempt or nonexempt for the purposes of the Fair Labor Standards Act (FLSA). 
• Can be used as an assessment tool for compliance with other employment laws, such as equal pay laws.

This list is long, but it’s not intended to be comprehensive. It’s meant to serve as a thought-starter when assessing the true purpose and role of a job description in your organization. 

Keeping Job Descriptions Up to Date

With job descriptions fulfilling all of these varied purposes, it’s easy to see why it’s important to keep them up to date. They’re certainly not a “set it and forget it” type of task. Here are some reasons why it’s important to continually update job descriptions: 

• Jobs evolve over time and essential tasks may be added or removed.
• Needs change.
• Technology changes.
• Teams grow and jobs get more specialized.
• Keeping the job descriptions continually updated is also what allows it to be used as part of the performance review process.
• Keeping job descriptions up to date at all times is better than scrambling when a role becomes open and needs filled quickly.
• It allows the job descriptions to fully serve the organization in all of the ways described above.

For all these reasons and more, job descriptions should be periodically reviewed and updated to reflect the most accurate depiction of what the role actually entails. Updating a job description typically requires speaking with the person in the role and his or her supervisor (and maybe even others on the team). This allows HR to fully understand how the job is evolving and what updates are needed.

http://trendpersonnel.com/en/news/item/126-important-purposes-for-job-descriptions

How to Dress for a Job Interview

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dallas jobs, during an interview, How to Dress for a Job Interview, Interview, interviewing, landing a job interview, now hiring dallas, Personal Style, potential employers, rockwall jobs, start your career, trend jobs, trend personnel, what do I wear, What to wear

by Lauren Messiah

Nothing is more exciting than landing a job interview with a company or a person you really respect and admire. The emails or call comes, you jump up and down, you call your friends and family to share the news, you start visualizing your future at this magical company.

Then the panic sets in.

What are you going to wear? Do you buy a new outfit? Do you go conservative or do you show off your personal style? Should you get a haircut? What about your nails?

So many questions, so much stress. Lucky for you, I have all the answers.

1.) It’s Better to Overdress than to Underdress. When in doubt, dress up. No one can ever fault you for looking too good. Dressing up shows you respect yourself and the company you are interviewing for.

2.) Keep Your Personal Style to a Minimum. Are you known for wearing crazy hats or are you a real fan of nail art? That’s wonderful but there is no room for that during an interview. Show off your personal style with a great pair of shoes (closed toe), a bold colored handbag, or a statement necklace. I always say one conservative piece (a compliment inducing accessory) will do the trick.

3.) Get Groomed. You aren’t getting ready for prom but do set aside to get yourself together. Manicured nails and fresh blowout will not only make you feel more confident, potential employers take notice to how you care for yourself.

I know what you are thinking, all that talk is great but seriously, what do I wear?

And finally, I have just had to throw in these seemingly obvious no-nos …

• NO cut off shorts. I’ve had the extreme displeasure of interviewing a girl who wore cut off shorts
• NO crazy makeup. Save your YouTube tutorial makeup experiments for another day. Go natural and avoid bold lips- the chances of you getting lipstick on your teeth is too high.
• NO crazy hairstyles. Again, you are the star of the show – not your hair or your makeup. Keep your hair out of your face and “normal”
• NO ill-fitting clothing. Sure it fits the criteria style-wise for an interview outfit but if it doesn’t fit then it’s not perfect.

http://trendpersonnel.com/en/news/item/122-how-to-dress-for-a-job-interview

What Interview Questions Reveal About the Interviewer

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analytical job, common interview questions, dfw jobs, Interview preparation, interview questions, job requirements, job search, locating professionals, placement agency in Dallas, Reveal About the Interviewer, rockwall careers, Tell me about a time, TPS, trend personnel

by Dona DeZube | Monster

Interview preparation most often focuses on the job requirements and the candidates.

Equally revealing are the interview questions that you choose to ask during the interview process. These questions often reveal something of your company culture, your management style and your perception of the job.

We asked interview experts to flip the most common interview questions and explain what they say to job seekers.

Consider these interview questions:

Tell me about a time in which you helped others to succeed at a project.

Tell me about a time when you innovated at work.

“The first question lets the applicant know that the company cares about collaboration and teamwork, the second that the company cares about creativity and motivation,” says Professor Angelo Kinicki, an expert in organizational culture at Arizona State University’s W.P. Carey School of Business.

Tell me about policies or standards you’ve developed.

This inquiry tells the candidate your company is inclusive and is interested in the value the candidate can add, Barry Drexler of Drexler Coaching, New York.

What procedures do you follow in your current position? Tell me about a time when you didn’t follow policy. What happened? How structured is your current workplace?

These types of interview questions tell the job candidate that you’re keen on structure, procedures and standards, Drexel says. They say you need someone who can follow instructions and comply with rules.

What’s your vision? Where do you think our company should go in the future? How would you shape this role?

These types of interview questions signal that the job is strategic and likely high-level. “They show your company is interested in organic growth,” Drexler says.

How many ping pong balls would it take to fill a 747 Jet?

If you’re conducting an interview for an analytical job, you’ll likely include this type of question.

If you want to show that you respect careful thinking and analysis, say nothing to fill the silence that often follows analytical interview questions. “You’re demonstrating you’re comfortable in your own element and you need someone who can think through an issue before jumping in,” Peterson says.

Are you willing to work overtime? Are you okay with being contacted in off hours?

This interview question alerts candidates to the fact that this isn’t a 9 to 5 position. “It’s a good question if the job requires extensive overtime,” Drexler says. But, this question can also be a turn off, so don’t ask about overtime unless the job requires it.

Tell me about ideas that you’ve generated and how you shared them. What do you contribute to your current team that’s added value?

This question says your company culture is collaborative — people are willing to share ideas — and the job requires teamwork, Drexler says.

What’s the biggest misconception that people have about you and why?

This is a “zinger” question that can throw people off, Peterson says. They show you’re looking for people who don’t mind being uncomfortable — and that you value the ability to think on the fly.

What’s the takeaway from all this analysis?

When conducting an interview, think about your interview questions from the job seeker’s viewpoint. 

By considering your choice of interview questions before you conduct an interview, you’ll be certain that your final list of questions accurately reflects the job opening, your company and your own management style.

http://trendpersonnel.com/en/news/item/121-what-interview-questions-reveal-about-the-interviewer

How to Get a Face-to-Face Interview

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dallas recuiter, decision maker, dfw jobs, Face-to-Face Interview, Friend Referrals, get hired, hiring professionals, Interview, job description, networking events, potential employers, resume, texas careers, trend personnel, tx professional positions

by Dewey Sadka | CareerBuilder

Here are some effective but indirect ways to get noticed by the people who can get you hired.

Best Referrals Are a Friend of a Friend

Ask friends, “Do you know anyone who might know someone?” Then, don’t be afraid to discuss your job search wherever you go-at the gym, church, ballgames, parties, social media and so forth. When the opportunity presents itself, be open and honest about what you’re looking for.

Attend Association Meetings In Your Field

Search for associations in your career field and attend their meetings and networking events. Meet and greet potential employers and other professionals. When you walk into the room, look around and see who is there and who could help you. But be equally generous and see if there are people whom you can help, too.

Referral Do’s & Don’ts

When finding the right people to refer you, especially at a networking event, avoid pitfalls by being the person they want to give support.

• Don’t be nervous or shy. Smile. Keep it light. Others will see you as confident.
• Don’t make it all about you. After saying hello, get them to talk about themselves. Listen for how you can support them.
• Don’t ask for a job. Chances are even if they work at the perfect company for you, they’re not the decision maker.  And if they are, don’t put them under pressure. Remember they’ll need approvals from others.

Now that you’ve created an open listening, here’s what to do.

• Do speak with enthusiasm about the job/career you’re seeking.  Ask for a business card. Then ask, “Do you know anyone that you can refer me too?”
• Do end the meet-up by looking them right in the eye, giving a thank-you handshake and sending a résumé right away.
• Do send them industry articles. Take their advice and tell them how you did it. If they’re not sure about your experience, offer to work as an intern or for a smaller salary.

Would You Hire You? 
Get to know the company and any of its key personnel beyond the job description. Check out the website. Research the company online. The more you know, the more you can target your résumé to overcome rejections.

http://trendpersonnel.com/en/news/item/120-how-to-get-a-face-to-face-interview