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Monday, December 22, 2014

Employer Best Practices for Testing and Selection

I pulled this from a document on the EEOC web site and find it useful for supervising managers.

Employer Best Practices for Testing and Selection

Employers should administer tests and other selection procedures without regard to race, color,     national origin, sex, religion, age (40 or older), or disability.*   Employers should ensure that employment tests and other selection procedures are properly validated for the positions and purposes for which they are used.

The test or selection procedure must be job-related and its results appropriate for the employer’s purpose. While a test vendor’s documentation supporting the validity of a test may be helpful, the employer is still responsible for ensuring that its tests are valid under UGESP.

If a selection procedure screens out a protected group, the employer should determine whether there is an equally effective alternative selection procedure that has less adverse impact and, if so, adopt the alternative procedure. For example, if the selection procedure is a test, the employer should determine whether another test would predict job performance but not disproportionately exclude the protected group.

To ensure that a test or selection procedure remains predictive of success in a job, employers should keep abreast of changes in job requirements and should update the test specifications or selection procedures accordingly.

Employers should ensure that tests and selection procedures are not adopted casually by managers who know little about these processes. A test or selection procedure can be an effective management tool, but no test or selection procedure should be implemented without an understanding of its effectiveness and limitations for the organization, its appropriateness for a specific job, and whether it can be appropriately administered and scored.

For further background on experiences and challenges encountered by employers, employees, and job seekers in testing, see the testimony from the Commission’s meeting on testing, located on the EEOC’s public web site at:

For general information on discrimination Title VII, the ADA and the ADEA see EEOC’s web site at

Monday, December 15, 2014

Piss Poor Supervising Management Often Is Not Illegal! But It Should Be!

Piss Poor Supervising Management Often Is Not Illegal! But It Should Be!

My wife and I started saying this many years ago and it fits so well in every organization. Now that I have been teaching at some colleges for several years I hope to help reduce the “Piss Poor” part with current and our future leaders.

To me there are four types of supervising managers (also called leaders, foremen, etc) they are as follows;
Great Supervising Managers (about 5%) there are a handful of these every generation; Good Supervising Managers (about 55%); those going between good and “Piss Poor” (about 15%); and finally those Piss Poor Supervising Managers (about 25%). It is the responsibility of the Great and Good Supervising Managers to mentor as many as possible from the Piss Poor group so they can become a good or great future supervising manager s themselves. Unfortunately most will not make it to the next level.
One of the first things to cover is that the job title does not make a good or great supervising manager it is the persons attitude and behavior that makes one. It is often said that about 80% of new supervising managers never had any supervisory training. I believe this to be very true.
Here is an all to common story. 

An individual is told they are prompted effective the next day with no supervisory training. They go home and that night a magic occurs. While they are home sleeping all this experience and knowledge on supervision management seeps into their brain. The next day at work they start to change the world.
This is what the great and good supervising managers have to watch out for with any newly promoted supervising managers. If they see or hear of the above happening they need to step in and start coaching. Training, mentoring and a few years of experience at their new supervisory level may make most a good supervising managers, many will not reach the good level. We all need to remember not everyone is cut out to be a formal supervisor and there is nothing wrong with this.
Enough for this post, Please feel free to comment.

Monday, December 8, 2014

EEOC Record Keeping Requirements

Here is a copy from the EEOC website as of 11/18/2014 to give you an idea of records you need to keep.  Do you do this and know the locations of these records?

Your comments are welcome.

Recordkeeping Requirements

EEOC Regulations require that employers keep all personnel or employment records for one year. If an employee is involuntarily terminated, his/her personnel records must be retained for one year from the date of termination.
Under ADEA recordkeeping requirements, employers must also keep all payroll records for three years. Additionally, employers must keep on file any employee benefit plan (such as pension and insurance plans) and any written seniority or merit system for the full period the plan or system is in effect and for at least one year after its termination.
Under Fair Labor Standards Act (FLSA) recordkeeping requirements applicable to the EPA, employers must keep payroll records for at least three years. In addition, employers must keep for at least two years all records (including wage rates, job evaluations, seniority and merit systems, and collective bargaining agreements) that explain the basis for paying different wages to employees of opposite sexes in the same establishment.
These requirements apply to all employers covered by Federal anti-discrimination laws, regardless of whether a charge has been filed against the employer.

When a Charge Has Been Filed

The EEOC Notice of Charge form that you receive should explain the agency's record keeping requirements. When an EEOC charge has been filed against your company, you should retain personnel or employment records relating to the issues under investigation as a result of the charge, including those related to the charging party or other persons alleged to be aggrieved and to all other employees holding or seeking positions similar to that held or sought by the affected individual(s).
Once a charge is filed, these records must be kept until the final disposition of the charge or any lawsuit based on the charge. When a charge is not resolved after investigation, and the charging party has received a notice of right to sue, "final disposition" means the date of expiration of the 90-day statutory period within which the aggrieved person may bring suit or, where suit is brought by the charging party or the EEOC, the date on which the litigation is terminated, including any appeals.
Summary of Selected Recordkeeping Obligations in 29 CFR Part 1602