Now, more than ever, it is important for organizations to understand that the face of today’s active job seeker has changed. Most notably, as unemployment continues to decline, reaching an all-time low at 4.4% in Ohio, the number of active job seekers has also decreased. This requires companies to take a more proactive and creative look at how to attract top talent.

Recruiting and hiring the right people for the right position is an essential piece of an organization's success. Employee selection is much more complex than an impressive resume and a feeling that they're a cultural fit. When your employee selection is approached incorrectly, it may result in high turnover, low morale, increased stress, and decreased productivity.

The concept of Inbound Recruiting is driven by the fact that 73% of candidates begin their job search with a Google search. Organizations looking to attract and retain top talent are reacting to this digital landscape transformation in the same way as Marketers. Human resources and recruiting functions have increasingly become the “marketers” of their organization as a workplace, and Inbound Recruiting is a reflection of that.

While nearly all (98%) Northeast Ohio organizations conduct interviews as a means of evaluating job candidates for both exempt and non-exempt positions, data from the 2015 ERC Hiring Trends & Practices Survey reveals interesting differences among those that utilize other methods of selection.  

The 2015 ERC Hiring Trends & Practices Survey, which assesses the responses of 102 Northeast Ohio organizations, shows that well over a half (66%) of local employers are currently not using a formal applicant tracking system in their recruitment and hiring efforts. The most common reason, as cited by 45% of employers, is that their existing internal process is sufficient. In addition, nearly one-fourth of participating organizations also acknowledge a lack of resources as a reason for not implementing a formal applicant tracking system.

It’s no secret that the landscape for recruiting has changed dramatically with the rise of social media. In the early stages, recruiters felt they were ‘recruiting’ on social media by simply posting a status update that they were hiring. Then, many social media platforms began selling job postings and targeted display ads. LinkedIn has always sold expanded access to members and their profiles. To further complicate matters, some social sites are now aggregating job listings (similar to Indeed’s model).

As a Human Resources professional, it’s highly probable that your organization conducts pre-employment and/or employee background screening or is interested in doing so. According to a 2012 Society for Human Resource Management (SHRM) report, 86 percent of companies conduct some type of criminal background check.

Job boards and employee referrals are the most popular sources used by Northeast Ohio employers to attract qualified workers, according to a new report released by ERC. The 2015 ERC Hiring Trends and Practices Survey highlights hiring practices of 102 participating employers.

According to a survey released by the Society for Human Resource Management in 2012, approximately 69% of organizations reported that they conduct criminal background checks on all of their job applicants. However, what happens if something questionable shows up on the background check that reveals a criminal past? Do you have the right to ask them about it?

Yes, you do. The Equal Employment Opportunity Commission (EEOC) guidelines strongly recommend employers speak to their candidates about a criminal history brought up in a background check.

In a Guidance document released in 2012, the EEOC describes the circumstances under which an employer’s use of arrest and conviction records can violate Title VII’s disparate treatment and disparate impact theories. The EEOC continues to embrace a test that evaluates criminal history, known as the Green factors. 

The Green factors include:

1. The nature or gravity of the offense or conduct
2. The time elapsed since the conviction and/or completion of the sentence
3. The nature of the job sought or held

But what is significant about the enforcement Guidance? It tries to assist employers with a better understanding of how the EEOC believes these factors should be applied.

Application questions

As a best practice, the EEOC encourages employers to not ask about convictions on an employment application. However, if the employer does ask the applicant about their criminal background past, the Guidance recommends that they only ask questions that are relevant to the position and job duties.

Arrest records

The Guidance states that an employer may not use arrest records to solely treat an applicant differently and cannot use arrest records alone as a reason to deny employment. However, if an employee has been arrested, the Guidance allows employment decisions to be based on the conduct underlying the arrest. As long as the reason for which the employee or applicant was arrested is relevant and makes the individual unfit for the position, than the employee or applicant may be terminated/not offered employment for the arrest.

Individualized assessments

This is when an employer will inform an employee or applicant that he or she will be screened for a criminal background. The individual is given an opportunity to respond and then the employer considers the circumstances before making a decision.

“In the Guidance, the EEOC states that employers who develop a targeted screen using the Green factors as well as the individualized assessment, can avoid Title VII liability.”

Compliance with federal law:

“The Guidance affirms that an employer who is conducting criminal background checks in order to comply with another federal law or regulation will not violate Title VII.”

However, the EEOC states that if a screening exceeds the scope of a federally imposed restriction, liability can occur if an employer doesn’t provide evidence that justifies an enhanced policy.

EEOC Guidance check list for HR professionals

• Review background screening policies and practices
• Make adjustments needed to the extent practices cannot be justified as job-related and consistent with business necessity
• If your policy doesn’t currently give applicants and employees the opportunity for individualized assessments, then consider the possibility of implementing a procedure in your workplace.
• Train recruiters and job interviews to use criminal history lawfully in accordance with the Guidance
• Review the list of employer best practices in the Guidance

Whether handled by supervisors and managers or assigned to a centralized human resources (HR) department, hiring decisions are among the most important decisions made in any organization.