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7-5a. Negligent Hiring and Retention
An employer’s liability hinges on how well it investigates an applicant’s background.
7-5b. Legal Constraints on Background Investigations
Various federal and state laws protect the rights of individuals whose backgrounds may
be investigated during pre-employment screening.
HR Highlight: Ban-the-Box Legislation Affects Hiring
The ban-the-box laws in several states prohibit companies from asking about criminal
convictions on an application form.
1. What are the potential consequences (both positive and negative) of limiting the impact of
criminal history on employment decisions?
Students’ answers will vary. They should consider the unemployment rate among convicted
criminals and the difficulty of filling some jobs.
2. For what types of jobs would you recommend companies utilize criminal background
checks? For what types of jobs would they be unnecessary?
Students’ answers will vary. They might consider background checks necessary for jobs
of others.
7-5c. Medical Examinations and Inquiries
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7-5d. Previous Employment Checks and Personal References
Previous employment checks protect a company from negligent hiring claims, provide
7-5e. Additional Selection Criteria
Additional selection criteria include previous job tenure, time gaps between jobs, and
7-5f. Making the Job Offer
The final step of the selection process involves extending an offer.
7-6. Emerging Challenges and Best Practices
7-6a. Time to Hire and Related Concerns
Evidence indicates that the process of hiring employees is increasingly taking longer,
© 2020 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
7-6b. Best Practices for Employee Selection
It is important for employers to emphasize job-related criteria when identifying
selection instruments and evaluating job candidates.
Critical Thinking Challenges
1. You are the HR manager for a commercial airline. You have been assigned to develop a
realistic job preview for flight attendants. Your objective is to give a balanced picture of
the job so that applicants will better understand what they will be asked to do. Job duties,
schedules, and other facets of the job should all be well understood early in the recruiting
process to avoid poor P/E fit later on.
A. How would you gather information about the job context and environment? Explain
what sources you would use and why.
B. How could you use technology to show the positive and negative aspects of the job?
2. Develop a work sample test to screen applicants for a college professor’s job.
A work sample test requires an applicant to perform a simulated task that is a specified
3. Develop a slate of six to eight behavioral interview questions to use for hiring a server for a
restaurant. Review the job description on http://www.onetonline.org to identify essential
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job functions and qualifications.
4. You are preparing to train managers to recognize and overcome their inherent biases. To
prepare for this session, take the online Implicit Association Test to determine if you have
any unconscious biases. You can find the test at: https://implicit.harvard.edu/implicit/.
5. How would you conduct a complete background investigation on applicants for the job of
school bus driver to minimize concerns about negligent hiring?
Students might recommend using an outside vendor to conduct the background
investigation since the vendor would have access to specialized databases used for
Case: To Test, or Not to Test, That Is the Questionfor Amtrak, Integra
LifeSciences
Although personality tests are used by many companies for screening and hiring new employees,
the tool is not foolproof; its loopholes can sometimes eclipse its benefitsmaking it debatable
whether these tests can rightly assess an employee’s true potential.
1. Explain why it is or is not a good practice to use personality tests in employee selection.
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What are some of the advantages and disadvantages of personality tests used in this way?
2. Evaluate the rationale used by Amtrak and Integra LifeSciences to justify using or not
using personality tests. Do you agree with these decisions?
3. Imagine that you are the Chief HR Officer for a company that is considering the use of
personality tests to make better selection decisions. What advice would you provide your
executive leadership team? What issues would be the most critical in your development of
company policy?
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© 2020 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
selection and that company policies should be developed or adequately modified to avoid
such instances. The company should ensure professional scoring of personality tests and
not make incorrect assumptions that applicants have faked their answers.
Supplemental Cases
It’s All in the Family
This case highlights how some companies are hiring the sons and daughters of influential foreign
officials and businesspersons in China to enhance the likelihood that they will get business. (For
1. Explain why it is or is not a good practice to consider the connections a job applicant might
have that could enhance an employer’s business portfolio.
2. Discuss whether targeting the children of well-connected political or business leaders is
ethical.
3. Imagine that you are the Chief HR Officer for a company considering doing business in
China. You have been informed that many of your competitors have implemented
programs to hire the sons and daughters of influential Chinese leaders. What advice do you
give to your executive leadership team? Whose interests would be most important in your
policy decision?
Using Data to Enhance Hiring Decisions
This case demonstrates the power of using data and statistical analysis to recruit high-quality
workers who will perform well and stay with the company for a long time. (For the case, visit
© 2020 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
1. Discuss how using a data-driven approach to hiring can enhance selection in companies.
The data-driven approach to hiring involves the use of primary data to facilitate good
decision-making. Using data to drive selection decisions provides hiring managers the
2. What other methods besides surveying might be used to collect important selection data
from employees?
3. What types of skills will HR professionals need to develop a data-driven approach to
selection in companies?
Full Disclosure on Sex Offenders?
This case investigates how Megan’s Law, which specifies that all states must register all
convicted sex offenders register so that residents are aware of their presence in a neighborhood,
generates implications about the use of criminal registries in hiring and employee management.
1. Discuss what a manager should do in each of the two Michigan cases.
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The first case involves an office equipment company where a 34-year old office equipment
repair technician was paroled after serving a 7-year sentence for attacking women on
jogging paths. His previous employer offered to rehire him as a field technician who would
It is highly recommended that a manager should seek legal advice in these types of
situations.
2. What circumstances might lead you to make different decisions in different cases under
Megan’s Law?
Many factors might lead to different decisions in different cases. Some examples would be:
How long had the employee been employed before you found out he/she was on the
list?
Was the employee honest on his application?
How long ago did the illegal behavior take place?
What is the employee’s performance work record?
Have other employees complained about this employee?
Strategic Selection: A Review of Two Companies
This case shows how Hallmark and United Health Group use selection as part of their strategic
1. Compare and contrast the two selection strategies used by the organizations discussed in
the case.
Hallmark Cards strategy is focused on measuring the quality of the hiring decisions by
using a recruiting metric called a “staffing index” that enables management to track the
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Chapter 7: Selecting Human Resources
© 2020 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
degree to which newly hired employees are performing as expected on the job.
UnitedHealth Group’s strategy is focused on modifying their selection procedures within
the organization by splitting job candidates into two basic groups. The first group was
comprised of high-level professionals who would be recruited by internal staffing
specialists, while the second group included various staff and line personnel who would be
acquired with outsourcing contacts. This “twopronged” strategy enabled the company to
save money through increased control and efficiency. Based on the information that was
provided, it appears that Hallmark did not change its selection procedures, but put in
place a metric to measure the success of the procedure. UnitedHealth Group’s strategy
actually changes the selection procedures; however, we are not told of any metrics used to
determine the success of the change other than a reference to “increased control and
efficiency.” Therefore, the change could have reduced costs but not increased quality.
2. What other strategies might help organizations better utilize and manage selection
activities?
Some of the strategies that students might identify would be training of managers and
Selecting a Programmer
This case demonstrates how using a test after a pool of candidates has already been interviewed
1. Identify and evaluate the stages of the selection process reflected in the case.
The selection process steps usually include applicant job interest, preemployment
screening, processing application forms, immigration verification, selection testing,
selection interviewing, background investigations, and medical examinations.
In the case, the following steps are reflected:
Applicant job interestfourteen candidates applied for the job in the employment
section of the personnel department.
© 2020 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
2. If you were Marie, what would you do?
Students’ answers will vary. Some students may say that Marie should conduct a
Comments
The case illustrates several issues regarding selection tests. The firm has overreacted, to some
extent, by discontinuing all testing. In an area such as this, a content valid test could be
developed. The Vice-President even hints at the availability of some rather vague “predictive”
data. However, insisting on giving a test that has not been validated is questionable.
Extra Teaching Video
On the Job Video: Money DesktopInterviewing
This short video will help reinforce key points and may prompt additional discussion from the
class.
Suggested Discussion Questions