EACH OF THE FORMS BELOW IS A SAMPLE, WHICH CAN BEMODIFIED TO FIT THE PARTICULAR POSITION.
The Uniform Guidelines arising out of Title VII and EEOC legislation insist that the interview be designed on the basis of specific job requirements. Both the content and method of the interview must be developed to reveal accurately and fairly which candidates are most qualified to fulfill the job requirements. Questions related to gender, sexual orientation, age, marital status, color, race, religion, national origin, medical condition, pregnancy, or disability are inappropriate and against the law. In addition, employers must afford each candidate equal treatment in the screening process.
SUBJECT |
SUSPECT INQUIRIES |
PREFERRED INQUIRIES |
Name |
Inquiries about the name that would indicate applicant’s lineage, ancestry, nation origin, or descent. Original name of applicant if it has been changed by court order. Male applicant - maiden name of wife. |
Have you ever used a different name? Or Is there any additional information relative to change of name, use of an assumed name, or nickname necessary to enable a check on your work and education record? If yes, please explain. |
Residence |
How long have you lived at your present address? Do you own or rent your home? |
Place of residence. |
Place of Birth |
Birth place of applicant. Requirement that applicant submit birth certificate or baptismal record. |
- |
Age |
Age, date of birth, dates of attendance of elementary or high school. Questions that tend to identify applicants over age forty. |
Statement that hire is subject to verification that applicant meets legal age requirements. |
Religion or Creed |
Any inquiry to indicate or identify religion, denomination or customs. Can you work on a certain religious holiday? |
Can you work the stated days, hours, or shifts to be worked? |
National Origin |
Any inquiry which would indicate race or color, such as place of birth of applicant. Request photograph before hiring. Any other inquiry into national origin. |
Photograph may be required after hiring for identification purposes. |
Birthplace/Citizenship |
Birthplace of applicant, parents, grandparents, spouse. “Are you a U.S. citizen” or Requirements that applicant produces naturalization, first papers, or alien card prior to decision to hire. |
Could you, after employment, submit verification of your legal right to work in the United States? Statement that such proof may be required after a decision is made to hire the candidate. Inquiry into previous work experience. |
Conviction, Arrest, or Court Record |
“Have you ever been arrested?” Ask or check into a person's arrest, court or conviction record if not substantially related to functions of employment. |
Job-related questions about convictions, except those that have been sealed, expunged, or statutorily eradicated. If you need to know about a criminal record, please contact Human Resources prior to the interview. |
Sex, Sexual Orientation, Gender or Marital Status/Family | Questions that indicate applicant’s sex, sexual orientation, gender or marital status. Does your spouse have any objection to your working? Spouse's occupation. Number or ages of children or dependents. Provisions for childcare. Questions regarding pregnancy, child bearing, or birth control. Names and address of any relatives, spouse, or children. Inquiries made to males and females alike, as to duration of stay on job or anticipated absences. | Statement of BOR policy regarding work assignment of employees who are related. Can you work the stated hours? |
DEAR _______
YOUR APPLICATION FOR THE POSITION OF _______ HAS BEEN RECEIVED. HOWEVER, THE ______ WAS NOT INCLUDED. PLEASE SEND THIS INFORMATION TO ARRIVE NOT LATER THAN __________. WE WILL REQUEST REFERENCE INFORMATION FROM THE PERSONS WHOSE NAMES AND ADDRESSES HAVE BEEN FURNISHED BY YOU. IF YOU SHOULD REACH THE FINALIST STAGE, WE WILL ALSO CONTACT ADDITIONAL PERSONS WHOSE NAMES HAVE NOT BEEN GIVEN TO US BY YOU. PLEASE ADVISE ME IMMEDIATELY IF YOU DO NOT WANT US TO CONTACT ADDITIONAL UNNAMED PERSONS.
WE ANTICIPATE COMPLETING THE FIRST SCREENING OF APPLICATIONS BY _______, THE DESIGNATION OF FINALISTS BY _______, AND THE SCHEDULING OF INTERVIEWS BY _________. YOU WILL BE NOTIFIED OF YOUR STATUS AS PROMPTLY AS POSSIBLE AT EACH STAGE OF THE EVALUATION.
PLEASE CONTACT ME AT (605) 642-XXXX IF YOU HAVE ANY QUESTIONS ABOUT OUR SEARCH PROCEDURES. THANK YOU FOR YOUR INTEREST IN BLACK HILLS STATE UNIVERSITY.
IMPORTANT ELEMENTS IN A LETTER OF ACKNOWLEDGEMENT:
EMPLOYMENT LAWS
THERE ARE NUMEROUS FEDERAL AND STATE LAWS AND EXECUTIVE ORDERS WHICH PROHIBIT DISCRIMINATION OF VARIOUS TYPES IN THE WORKPLACE. A BRIEF SYNOPSIS OF THE MORE IMPORTANT LAWS WHICH PROVIDE THE LEGAL BASIS FOR THE GOALS OF BOTH EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION FOLLOWS:
TITLE VI AND VII OF THE CIVIL RIGHTS ACT, AS AMENDED. THIS ACT PROHIBITS DISCRIMINATION IN EMPLOYMENT ON THE BASIS OF RACE, COLOR, RELIGION, NATIONAL ORIGIN, OR SEX IN ALL PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FUNDS.
AMERICANS WITH DISABILITIES ACT. THE ADA PROHIBITS DISCRIMINATION BASED ON DISABILITY IN EMPLOYMENT, PUBLIC SERVICE, PUBLIC ACCOMMODATIONS, TELECOMMUNICATIONS, AND TRANSPORTATION.
EXECUTIVE ORDER 11246, AS AMENDED. THIS EXECUTIVE ORDER ISSUED BY PRESIDENT JOHNSON PROHIBITS FEDERAL CONTRACTORS AND SUBCONTRACTORS (LIKE BHSU) FROM DISCRIMINATION IN EMPLOYMENT ON THE BASIS OF RACE, COLOR, RELIGION, NATIONAL ORIGIN, OR SEX.
EQUAL PAY ACT OF 1963. THIS ACT PROHIBITS DISCRIMINATION IN SALARIES (INCLUDING ALMOST ALL FRINGE BENEFITS) ON THE BASIS OF SEX.
AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967 AND AGE DISCRIMINATION ACT OF 1975. THE 1967 ACT FORBIDS EMPLOYERS FROM CONSIDERING AGE AS A FACTOR IN EMPLOYMENT DECISIONS OF PERSONS WHO ARE AT LEAST 40 YEARS OLD. THE 1975 ACT IS DISTINCT FROM THE AGE DISCRIMINATION IN EMPLOYMENT ACT, WHICH DEALS ONLY WITH EMPLOYMENT OF PEOPLE OVER 40. THE ACT PROHIBITS AGE-BASED DISCRIMINATION IN ANY PROGRAM OR ACTIVITY RECEIVING FEDERAL FUNDS. THE LILLY LEDBETTER FAIR PAY ACT OF 2009 CHANGES WHEN THE STATUTE OF LIMITATIONS BEGINS FOR WORKERS' PAY DISCRIMINATION CLAIMS UNDER TITLE VII AND THE ADEA.
VIETNAM-ERA VETERANS READJUSTMENT ASSISTANCE ACT OF 1974. THIS ACT PROHIBITS DISCRIMINATION IN EMPLOYMENT PRACTICES ON THE BASIS OF BEING EITHER A DISABLED VETERAN OR A VETERAN OF THE VIETNAM ERA.
REHABILITATION ACT OF 1973, SECTION 503, AS AMENDED. THIS ACT SETS AFFIRMATIVE ACTION OBLIGATIONS OF FEDERAL CONTRACTORS AND SUBCONTRACTORS WITH RESPECT TO EMPLOYEES AND FOR THE ADVANCEMENT IN EMPLOYMENT OF HANDICAPPED INDIVIDUALS.
REHABILITATION ACT OF 1973, SECTION 504. SECTION 504 PROHIBITS EMPLOYMENT DISCRIMINATION AGAINST ANY QUALIFIED APPLICANTS OR EMPLOYEES ON THE BASIS OF HANDICAP IN ANY INSTITUTION RECEIVING FEDERAL FUNDS.
IT IS IMPORTANT TO REMEMBER THAT STATUTES, EXECUTIVE ORDERS, AND REGULATIONS DO NOT AUTOMATICALLY ENSURE EQUITY AND EQUALITY IN EMPLOYMENT. THAT GOAL CAN ONLY BE REACHED THROUGH THE SUPPORT OF THE PRINCIPLES AND GOALS OF EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION BY THE ENTIRE CAMPUS COMMUNITY.
GENETIC INFORMATION NONDISCRIMINATION ACT OF 2009. TITLE II PROHIBITS EMPLOYERS WITH 15 OR MORE EMPLOYEES FROM ENGAGING IN EMPLOYMENT DISCRIMINATION AGAINST INDIVIDUALS BECAUSE OF THEIR GENETIC INFORMATION. EMPLOYERS SHOULD NOT BE ASKING AT THE POST-OFFER STAGE OF EMPLOYMENT ABOUT WHETHER RELATIVES HAVE MENTAL DISORDERS, CARDIOPULMONARY DISORDER OR OTHER CONDITIONS THAT MIGHT HAVE GENETIC COMPONENTS TO THEM. GINA IMPACTS VIRTUALLY ALL FAMILY AND MEDICAL LEAVE ACT (FMLA) REQUESTS THAT INVOLVE A SERIOUS HEALTH CONDITION OF A FAMILY MEMBER, EMPLOYER FITNESS-FOR-DUTY EXAMS AND AMERICANS WITH DISABILITIES ACT (ADA) REQUESTS FOR ACCOMMODATION. IN EACH OF THESE CIRCUMSTANCES, DISCUSSIONS SHOULD NOT DELVE INTO FAMILY MEDICAL HISTORY OR OTHER GENETIC INFORMATION.
SAMPLE DESCRIPTIVE ADVERTISEMENTS: FACULTY
POSITION INFORMATION
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BHSUHumanResources@BHSU.edu
Phone: 605-642-6549
Human Resources
Black Hills State University
1200 University St. Unit 9502
Spearfish, SD, USA 57799-9502
1200 University Street
Spearfish, SD
57799-9502
Phone: 605.642.6131
Fax: 605.642.6254
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4300 Cheyenne Blvd
Box Elder, SD
57719-7700
Phone: 605.718.4112
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