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Personnel (continued)

Interview and Hiring Procedures

1. Nonprofits should have a written job-related hiring policies and procedures, including interview processes that are uniform for all candidates within a particular position.
2. Nonprofits under the jurisdiction of the Fair Employment Law should, when hiring employees, utilize a system that does not impact one protected class more than another and must treat all candidates equally.
3. Application, screening, and interviewing materials must be retained by the nonprofit for three years and 90 days or until all litigation, claims, or audit findings are resolved, whichever is longer.

For fairness to each applicant and to avoid discrimination lawsuits, it is important to use consistent formats, processes, and interviewing techniques for all position candidates.

Interview Questions:

It is illegal to ask reference questions concerning fair employment law complaints that might have been filed by the applicant in a previous job.

It is recommended that applicants be screened to be sure that they meet those minimum qualifications. It is recommended that interview questions be drawn from the job description, position requirements and current issues facing the organization.

When interviewing candidates for a position, it is recommended that nonprofits ensure that the following procedures are followed.

• Interview top candidates
• Interview questions cannot solicit information regarding race, color, sex (including pregnancy or sexual orientation), age, national origin, disability, or religion.
• Each candidate should be asked exactly the same questions.
• Each question should be job related.
• Interviewer should never ask about:

  hobbies or leisure interests
  community activities not related to the job
  applicant's neighborhood
  car ownership
  credit standing or bank account information
  child care arrangements
  marital status or pregnancy plans
  sexual orientation or preference
  religious observances.
  

Job Description

To comply with the American with Disabilities Act, the essential functions of the job must be identified.

Essential functions of the job description are those that can not be given to another position.

Nonprofits, whether they are under the jurisdiction of the Americans with Disabilities Act or not, should have written job descriptions for every position and list the essential job functions for every position.

To ensure the essential functions are identified, it is recommended that job descriptions be updated and reviewed annually. Job descriptions are evolving documents that nonprofit management can change at any time.

Reference Checking

Nonprofits should have written policies for acquiring reference checks and responding to reference checking.

It is recommend that references are checked and that information is requested based on the tasks in the job description. It is recommended that nonprofits maintain written records of what was asked, who responded, and what response was obtained.

When references are requested, it is recommended that nonprofits provide neutral information and include only job title, job responsibilities, job duties, and period of employment. It is recommended that nonprofits give negative or positive references only when clear documentation supports the comments.

Employee Benefits

Leave is a formal and approved absence from work. leave may be paid or unpaid. Types of leave commonly used are medical, family, administrative, and annual (vacation). Leave without pay is an administrative mechanism used by management for a variety of purposes. Leave is requested and approved through established agency policies.

The Family and Medical Leave Act of 1993 provides up to 12 weeks of leave without pay for medical or family needs for employers with 50 or more employees.

Nonprofits should have written leave policies.

Staff Entitlement and Procedures

Benefits are defined as medical, hospital, accident and/or life insurance; employee assistance; dental insurance; health and wellness programs; retirement benefits; bonus plans; leave (medical, annual, and family bereavement); and terms and conditions of employment other than wage or salary compensation. Benefits are given in addition to wages and salaries as a form of compensation.

Nonprofits should have written policies regarding staff benefits.

Staff Orientation and Training

• Nonprofits should have written policies and procedures regarding oral and written orientation and training programs for employees.
• Oral orientation programs must be provided for all new employees within the first two days of employment.
• New employees must receive and sign a personal copy of the nonprofit employee personnel policies and procedures handbook during orientation.
• Documentation of all staff orientations must be maintained in the employee's personnel file.

It is recommended that nonprofits develop a checklist of items to be covered during the employee's orientation and training programs.

It is recommended that the supervisor or manager use the nonprofit's Personnel Policies and Procedures Handbook as a guide for the oral orientation. It is also recommended that orientation programs include agency policies and procedures, organizational structure, work and behavior rules, and other conditions of employment. It is recommended that salary and benefit programs are explained in detail and the orientation includes formal introductions to other managers and employees and a tour of the facilities. It is recommended that the employee and manager or supervisor have a detailed and documented discussion regarding the manager's expectations for work performance, job description, duties, and behavior.

Initial Training

1. Nonprofits should provide all employees with initial training, including supervised instruction about specific job functions covered in their job description.
2. Documentation of all initial training should be included in the employee's personnel file.
3. Initial training issues for direct service employees or employees supervising direct service staff must include:

   Confidentiality
   Cultural diversity sensitivity
   Client eligibility for direct service providers
   Nonprofit policies and procedures
   Program mission and philosophy
   

All required documentation and procedures as related to resident and nonresident issues.

It is recommended that the number of hours of initial training be based on the complexity of the job description.

Staff development

Nonprofits should have written staff development policies.

It is recommended that nonprofits provide ongoing staff development. These may include constructive evaluation techniques, accounting trainings, budgetary process trainings, or multicultural trainings.

Confidentiality of Staff

Any document that might be used to harm a person in their community must not be released to the public.

Nonprofits should have written policies regarding

• Disclosure of personnel information.
• Maintenance of sensitive personnel information and personnel files.
• Response to request for public open record information.

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