Archbright™ Insights September 2014

New Executive Order Bars LGBT Bias and Expands Federal Employee Rights HR Advice and Counsel Insights

Avoiding a Bad Hire

A bad hire is not just bad for business— it can also be very costly. Organizations can prevent the costs associated with poor hiring decisions by recognizing the challenges of the talent acquisition process. PI Worldwide has compiled the following tips to help managers avoid the most common mistakes that can lead to a bad hire: 1. Clearly define the requirements of the role. The first critical step in the hiring process is to define what would make someone successful in the role. Having an agreed upon job target sets the foundation for a successful hiring strategy. 2. Write an accurate job description. Hiring managers often make the mistake of focusing more on activities and goals than on specfics that an employee will need to be successful. 3. Define what makes a strong candidate. Consider behavioral tendencies and attitudes in defining what makes a strong candidate and compare applicant profiles against the job target to determine compatibility. 4. Align job offer with candidate’s

Despite protections in some states and localities, “in too many states and in too many workplaces, simply being gay, lesbian, bisexual or transgender can still be a fireable offense,” President Obama said during a ceremony on July 21, 2014, where he signed an executive order (EO) banning discrimination against LGBT employees by federal contractors. The new EO amends the existing EO 11246 to add sexual orientation and gender identity to the list of categories of federal contractor employees protected from discrimination and also to the list of categories of employees in regard to which covered federal contractors must take affirmative action to ensure equal employment opportunity. It also amends the existing EO 11478 to ensure that federal employees, who are already protected on the basis of sexual orientation, are now formally protected from discrimination based on gender identity as well. “This is not speculative, this is not a matter of political correctness — people lose their jobs as a consequence of this. Their livelihoods are threatened, their families are threatened,” the President remarked. “In fact, more states now allow same-sex marriage than prohibit discrimination against LGBT workers. So I firmly believe that it’s time to address this injustice for every American.” LGBT affirmative action requirement. In addition to its non-discrimination provisions, EO 11246 also requires covered federal contractors to “take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin.” The new EO — in Section 2, paragraph (b) — adds sexual orientation and gender identity to that list. Some commentators

had speculated that, in order to ward off potential legal challenges, the new EO would only prohibit discrimination, and not require affirmative action, on the basis of sexual orientation and gender identity. Lack of federal legislation. “Currently, 18 states have already banned workplace discrimination based on sexual orientation and gender identity. And over 200 cities and localities have done the same,” the President noted during the signing ceremony. However, there is no federal law that protects employees working outside the federal government against discrimination in the workplace on the basis of sexual orientation or gender identity. “Congress has spent 40 years — four decades — considering legislation that would help solve the problem” but has still failed to pass such legislation, the President observed. Most recently, on November 7, 2013, the Employment Non- Discrimination Act (ENDA), a bill that would bar employment discrimination based on actual or perceived sexual orientation or gender identity, cleared the Senate with a bipartisan 64-32 vote. Yet, soon after, House Speaker John Boehner stated that he will not bring the bill up for a vote in the Republican-controlled House of Representatives. Implementing regulations. The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) enforces EO 11246, and Section 3 of the new EO specifically requires the department to, within 90 days of the order, “prepare regulations to implement” its requirements. However, due to the notice and comment requirements of the federal regulatory process, it will likely take at least six months for the OFCCP to finalize these regulations. Source: Cynthia L. Hackerott, J.D.

motivating needs. The key to getting a candidate to accept a job is presenting an offer that

resonates with their innate motivating needs and drives. 5. Customize a new hire’s onboarding

plan and learning objectives. Continue to leverage the data and insight collected thus far to customize the new employee’s onboarding plan and learning objectives.

Source: PI Worldwide


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