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The retail industry is beset by shrink both from internal and external sources. A store with shelves loaded with merchandise is a ripe target for shoplifting. Cash transactions at registers present multiple opportunities for a dishonest employee to steal from the company. Retailers invest millions in preventing these behaviors, but even the most sophisticated security systems cannot stop 100% of theft.

Many retailers believe, rightfully so, that the best means of preventing internal theft is to hire honest employees who do not steal. Yet identifying applicants who are honest and will not steal is not an exact science. Common sense dictates that applicants who have been convicted of crimes are less likely to be honest and more likely to steal. As a result, retailers have conducted criminal-background checks on applicants for many years and turned away applicants who have been convicted of crimes.

Because a significantly greater percentage of African-Americans and Hispanics than whites have been convicted of a crime, it follows that a significantly larger percentage of African-Americans and Hispanics will be rejected because of criminal history. Even though such a policy is facially race neutral, the resulting "adverse impact" makes the practice unlawful under Title VII - unless the employer can prove the practice is job related and "consistent with business necessity."

In the retail industry, that job relatedness has been premised on the aforementioned common sense notion that convicted criminals are more likely to steal. This common sense may no longer be sufficient grounds for protecting the use of criminal history as a disqualifier for employment against claims of disparate impact discrimination.

For the Full Article: click here 

Seven "Non-Negotiables" to Prevent A Bad Hire

The costs of a bad hire are staggering. A recent survey by Career Builder reports more than two-thirds of employers were affected by a bad hire last year, according to AOL Jobs. Of nearly 2,700 employers surveyed, 41% estimate a single bad hire cost $25,000; a quarter estimate a bad choice cost $50,000 or more - not to mention the demoralizing effect of the issue on other employees and on the new hire. Losing a job is one of the most stressful events a human can experience.

To avoid that, when we make hires, we screen candidates using a list of personal characteristics we call the Non-Negotiables. First there were four. Ultimately, we've expanded the list to seven. These are the characteristics that have become the primary criteria for hiring decisions - things we value even more than skills and background. When we add people to our nearly 100-person company, these criteria are non-negotiable.

The seven Non-Negotiables are Respect, Belief, Loyalty, Commitment, Trust, Courage and Gratitude.

Ideal hires bring traditional and job-specific capabilities and high proficiencies in these seven core traits. However, in many cases, the Non-Negotiables have led us to make what others would consider "unusual hires." The result, for our company, has been near-zero turnover - and many employees express the desire and willingness to stay with us for life.

For the Full Article: click here    

Is That Degree Really Necessary?

Education requirements have long been a common, almost standard, part of job postings. But have you ever stopped to consider the lawfulness of this particular prerequisite? The Equal Employment Opportunity Commission has.

A recent EEOC letter opines that, under the Americans with Disabilities Act, "if an employer adopts a high school diploma requirement for a job, and that requirement 'screens out' an individual who is unable to graduate because of a condition that meets the ADA's definition of 'disability,' the employer may not apply the standard unless it can demonstrate that the diploma requirement is job-related and consistent with business necessity."

Further, the letter adds, employers shouldn't list a high-school diploma as a job requirement if the job functions could be performed by individuals without one.

The recent rumblings from the EEOC reflect the organization's focus on "what it considers systemic discrimination, as opposed to isolated civil-rights violations," says David James, shareholder and chair of the labor and employment practice group of Minneapolis-based law firm Nilan Johnson Lewis.

"Consistent with this initiative, the EEOC has taken a particular interest in hiring criteria, from credit checks to arrest and criminal records to education requirements," he says. "The EEOC views such screening tools as having a disparate impact on minority applicants and other protected classes, and hopes to reduce or even eliminate the use of these criteria."

For the full article: click here