Employee Recruitment Policy

Approved by President's Cabinet 8/9/23

East Georgia State College (EGSC) is an Equal Opportunity Employer. Recruitment for faculty and staff is completed in accordance with the procedures set forth by the College’s Chief Human Resources Officer (CHRO) and approved by the President in consultation with Legal Affairs.

Recruitment also complies with Board of Regents (BOR), state, and federal policies, regulations, and laws.

In accordance with the University System of Georgia’s (USG) Statement on Principles, EGSC’s recruitment procedures shall be free of ideological tests, affirmations, and oaths. The basis and determining factor for hiring, promotion, and tenure are that the individual possesses the requisite knowledge, skills, and abilities associated with the role, and is believed to have the ability to successfully perform the essential functions, responsibilities, and duties associated with the position for which they are being considered. At the core of any hiring, promotion, or tenure decision is ensuring EGSC’s ability to achieve its mission and strategic priorities in support of student success.

Applicability

All employees and units of EGSC are covered by this policy. Human Resources staff, hiring managers, and employees within EGSC should be familiar with this policy.

Definitions

These definitions apply to these terms as they are used in these policies and procedures:

• • • Affirmations – the action or process of affirming a strongly held belief as a requirement for employment.
    • Ideological Tests – Tests or questions based on or relating to a system of ideas and ideals, especially concerning economic or political theory and policy.
    • Oaths – A solemn attestation of truth, adherence, or agreement to belief system or structures unrelated to the standards required for employment. The State of Georgia Loyalty Oath is excluded from this definition and policy.
    • Uniform Guidelines on Employee Selection - In 1978, the EEOC (Equal Employment Opportunity Commission) adopted the Uniform Guidelines on Employee Selection Procedures or “UGESP” under Title VII. See 29 C.F.R. Section 1607.1. UGESP provided uniform guidance for employers about how to determine if their tests and selection procedures were lawful for purposes of Title VII disparate impact theory.
    • Title VII of the Civil Rights Act of 1964 (42 U.S.C. Section 2000e et seq.) – As amended, protects employees and job applicants from employment discrimination based on race, color, religion, sex, and national origin.
    • Title IX of the Education Amendments of 1972 (20 S.C. Section 1681 et seq.) – Protects people from sex discrimination in educational programs and activities at Institutions that receive financial assistance.
    • Hiring Manager – individual responsible for the hiring process within their unit/department.
    • Search Committee Chair - The Chair acts on behalf of the hiring manager to find the best- qualified candidate for the The Chair coordinates the search process outlined within EGSC recruitment policies and procedures.

Process and Procedures

The following guidelines apply for the recruitment of faculty and staff:

Screening Requirements and Data Collection

• • • • Faculty and staff recruitment is based on institutional need and the availability of resources to fulfill the stated mission of the College. The EGSC Employee Applications policy governs the requisite data collection process for employment candidates. EGSC has established a screening and selection framework to effectively assess the qualifications, knowledge, and skills of candidates. This process is relegated to determining whether candidates can perform the stated duties of the role. The screening process may not extend beyond the stated mission and values of the College and functional expectations of the departmental unit. Likewise, departmental units may not develop or institute mission or value statements that are not aligned with and in support of the overall College’s mission and values.
      • Generally, hiring managers should conduct the following steps:
        1. 1. Identify the need and review and/or modify the existing job description/advertisement to ensure alignment with current organizational business needs.
           2. Job requirements such as minimum and preferred qualifications are considered selection tests and must be validated by human resources to ensure they are job- related and consistent with business necessity. Candidates shall not be required to submit any political litmus tests or ideological oaths, including personal statements related to diversity or supporting specific populations, as part of the employment process. EGSC may include appropriate scenario-based questions during the interview process to collect information related to specific experience supporting specific student populations when it is directly correlated and relevant to the duties associated with the role. See appendix for examples.
           3. Coordinate with HR to develop a job advertisement which includes a brief description of the College and its mission, a short summary of the role’s purpose, a list of responsibilities, a list of job requirements, and how to apply. The job advertisement should also include and be consistent with the USG Statement of Core Values and EGSC’s Values and Equal Employment Opportunity requirements. (Reference BOR Policy 6.5 Freedom of Expression)
           4. Select appropriate recruitment source(s) (external or internal) for posting the opening and decide on the selection stages and timeframe. Job postings should remain open for a minimum of five business days.
           5. Proceed through the screening and selection stages (including reviewing candidate’s application materials, conducting interviews, verifying references, ) and select the most suitable candidate.
           6. Social Media: EGSC may use publicly available social media as part of its hiring process and will disclose to potential applicants on the EGSC Human Resources webpage that information found on publicly posted social media accounts may be examined. Only the Director of Human Resources, President, or a Cabinet member is authorized to conduct any internet search of applicants. EGSC shall not request passwords or other methods of access to information which is not publicly available. Any examination of social media will take place only after interviews are conducted. If social media is reviewed in the hiring process for a particular vacancy, it will be reviewed for all applicants. The same search(es) will be conducted for each applicant. Any information accessed will be used in accordance with federal and state laws, including those prohibiting discrimination against protected classes. If information relevant to the hiring decision is found during a social media search, a screenshot or printed copy will be retained, along with a note indicating why it is relevant. If an adverse decision is based on any such information, EGSC will follow the same pre-adverse decision and final adverse decision processes used for background checks.
              
              Social media also may be used for recruitment purposes. Any social media job advertisement shall follow applicable content and retention policies.
           7. Upon selecting the final candidate, the hiring manager and the appropriate HR official will collaborate to develop an appropriate offer of employment (including position title, compensation, hire date, etc.).

Some stages of the hiring process may overlap or run concurrently. Hiring managers should work closely with their direct supervisor and the Office of Human Resources to ensure adherence to any associated policies, guidelines, rules, or laws. An appendix document with appropriate screening questions during the screening and selection process is included with this policy.

Georgia New Hire Reporting Program. Federal and State law requires employers to report newly hired and re-hired employees in Georgia to the Georgia New Hire Reporting Center. The Department of Human Resources will make this report within 10 days of hire.

Recruitment Training Expectations/Requirements for Employees.

EGSC will provide training to employees responsible for recruiting and hiring faculty and staff to ensure that procedures are appropriately and consistently followed. All training must be approved by the CHRO and President. The use of affirmations, ideological tests, and oaths (including diversity statements) are expressly prohibited and shall not be utilized for recruitment and selection purposes. Additionally, individual units and departments are not permitted to mandate recruitment training for search committee members or departmental employees beyond that which is approved by the CHRO and President.

Mandatory recruitment training shall be limited to that which complies with BOR, state, and federal policies, regulations, and laws.

Examples include:

• • • • • • Title VII of the Civil Rights Act of 1964.
          • Title IX of the Education Amendments of 1972.
          • Functional training associated with hiring and recruitment software and Institutional data management.
          • Best practices related to candidate engagement and communication.
          • Any requirements encompassed with the USG HRAP on General Criteria for Employment.

EGSC will maintain training records for all hiring managers, which may include sign-in sheets, electronic attendance records, or certificates of completion. Reference EGSC policy General Criteria for Employment for guidance on other required training.

Direct appointment rules and permissibility.

A direct appointment refers to the regular appointment of a person, where the normal advertising and competitive selection process is not applied, and EGSC’s business needs support this approach for an appointee whose unique skills and qualifications are documented. Upon approval for a direct appointment from the CHRO and President, all employment policies (including background checks) must be followed and adhered to. Nominations for direct appointments of staff or faculty may be made by a Cabinet member or the President.

This section is generally not applicable to internal, acting appointments, or promotions within the existing unit or reporting upline. However, all rules are applicable if and when an interim is assigned to the role on a regular basis.

Direct appointments may be possible as part of the hiring process to:

• • • • • • appoint an internal candidate with relevant knowledge, skills and experience who uniquely meets the requirements and criteria for the role as specified in the position description;
          • appoint an external candidate with significant leading status or international recognition in their field or a rare, exceptional skillset; or
          • appoint a candidate who was a previous applicant for the same or similar position within the past twelve months.

All nominations or recommendations for appointments under this procedure shall contain the following information and require the relevant approval prior to commencing the appointment process:

• • • • • • the written rationale for the appointment, explaining why a direct appointment process is preferable to a standard, competitive recruitment process;
          • satisfactory evidence of how the proposed appointee meets the qualifications and possesses the requisite knowledge, skills and abilities as delineated within the position description;
          • rationale explaining how the appointment is expected to contribute to EGSC’s strategic vision;
          • the candidate’s CV or resume, qualifications, appropriate references, and details of their current position (if applicable) within another organization or Institution.

EGSC will use this option judiciously and ensure that all requirements are met and recorded for audit.

The justification materials for the direct appointment nomination or recommendation may also be used for the USG Advanced Salary Increase request when necessary.

Approvals

The following approvals are required prior to directly appointing a candidate:

• • • • • • President
          • Chief Financial Officer
          • Associate Vice President of Academics and the Provost (for faculty positions)
          • Cabinet Member (for staff within the respective reporting unit)
          • Chief HR Officer
          • University System Office official, as appropriate by policy where there is shared reporting to the system office.

Appointment Notification and Offer Letters

Prior to approval of the appointment, all information and supporting documentation as referenced above must be submitted to the Office of Human Resources.

In consultation with the Hiring Manager, the HR Office will ensure that all policies and requirements are met and will subsequently issue an Offer of Employment to the preferred appointee and provide all information relevant to the appointment.

Procedural Fairness

Whenever the discretion not to advertise is exercised in accordance with this procedure, care must be taken to ensure that there is no other member of staff in the College, and in particular, the Department concerned, who could be deemed a suitable candidate for the position. Where this may be the case, it is recommended that the role is advertised internally, allowing all staff to be equitably considered for the role.

Conflicts of Interest

Particularly where the nominated appointee is an internal candidate, the staff member who is proposing a direct appointment must declare any conflicts of interest prior to commencing the appointment procedure process. (Reference EGSC Conflicts of Interest & Conflicts of Commitment)

Appendices

• • EGSC Freedom of Expression and Academic Freedom
  • EGSC Affirmative Action Policy & Affirmative Action Plan
  • BOR 8.2.1 Equal Employment Opportunity
  • BOR 8.2.18.12 Statement of Core Values
  • EGSC Conflicts of Interest & Conflicts of Commitment
  • BOR 8.3.3.1 Intersystem Recruitment
  • BOR 8.3.1 Faculty Employment
  • EGSC Employment Applications
  • EGSC Human Resources Hiring Process for Staff Positions (available in the myEGSC Portal)
  • EGSC Human Resources Hiring Process for Faculty Positions (available in the myEGSC Portal)
  • BOR Eligibility for Rehire (PDF)
  • EGSC General Criteria for Employment
  • Appendix I and II Appropriate Screening Questions (below)

Appendix I: Recruitment Appendix Document Regarding Appropriate Screening Questions

Screening and interview questions should focus on the candidate’s ability to successfully perform the position for which they are being considered. Generally, state, and federal equal opportunity laws prohibit the use of pre-employment inquiries that disproportionately screen out members based on protected status when the questions are not justified by some business purpose. The EEOC and state agencies take the position that the information obtained through pre- employment inquiries should be aimed solely at determining qualifications without regard to criteria based on irrelevant, non-job-related factors. Accordingly, inquiries that reveal information bearing no relationship to the qualifications for the job sought (e.g., year of graduation from high school, childcare arrangements, country of origin) have been viewed as evidence of an employer's discriminatory intent. Unless the information is for a legitimate purpose (see information under "Bona Fide Occupational Qualifications" above and "Application Forms" below), pre-employment questions about disability, race, gender, religion, national origin, or other protected classes can suggest that the information will be used as a basis for making selection decisions. If the information is used in the selection decision and members of particular groups are excluded from employment, the inquiries can constitute evidence of discrimination.

A bona fide occupational qualification (BFOQ) is a provision that permits discriminatory practices in employment only if a person's "religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise". To establish the defense of a BFOQ, the employer has the burden of proving that a particular class of employees would be unable to perform the job safely or efficiently and that the BFOQ is reasonably necessary to the operation of the business. Typically, it is difficult for most employers that are not religious organizations to invoke the BFOQ defense, as the parameters surrounding it are limited. Title VII does permit employers to hire and employ employees on the basis of religion if religion is "a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise."

The following includes high level guidance regarding screening and interview questions that are legally permissible. The list is not intended to be exhaustive, but rather for illustrative purposes. The Human Resources department is responsible for providing assistance and guidance in developing and utilizing legally compliant interview and screening questions.

Topic	Not Permissible	Permissible
Address/Length of Residence	About foreign addresses that would indicate national origin (such as birthplace) Names or relationships of people with whom applicant lives Whether applicant owns or rents	How long have you lived in (city, town)? Phone number and other contact information
Age	Age or date of birth Questions that would tend to identify persons who are 40 and older (“Do you remember being at work before e-mail was introduced?”)	If a minor, require proof of age in the form of a work permit or a certificate of age If age is a legal requirement, can ask, "If hired, will you be able to furnish a proof of age?"
Arrest and Conviction	Have you ever been arrested?	For certain positions (for example, law enforcement), criminal history inquiries may be permissible during the interview phase. Always consult with Human Resources in advance.
Attendance, Reliability	Number and/or ages of children? Who is going to babysit? What is your religion? Do you have pre-school age children at home? Do you have a car?	What hours and days can you work? Are there specific times that you cannot work? Do you have any responsibilities that will interfere with specific job requirements such as traveling?
Citizenship/National Origin	What is your national origin? Are you native-born or a naturalized citizen? Where are your parents from? What is your maiden name?	Are you authorized to work in the United States? Have you ever worked under a different name?
Credit Record	Do you own your home? Have your wages ever been garnished? Have you ever declared bankruptcy?	No questions.
Disabilities, Handicaps, Illness	Do you have any (job) disabilities? May not ask: About the nature of or severity of a disability/handicap. What happened to you? How will you get to work? What sort of treatment do you need? Have you ever been addicted to illegal drugs or treated for drug or alcohol abuse, ever received workers compensation, or been hospitalized/ treated for physical or mental health conditions, or ever been absent from work due to illness? Will you need accommodations? What kind of accommodations will you need?	Can you perform the duties of the job you are applying for (describe duties to candidate)? How would you perform this particular task? State the attendance requirements and ask if the candidate can meet them. What was your attendance record at your prior job? Wait until the candidate requests or mentions an accommodation before discussing the topic of accommodations (it is the candidate’s responsibility to make a request for accommodation).
Education	When did you graduate from high school or college?	Do you have a high school diploma or equivalent? Do you have a university or college degree? What academic, professional, vocational schools did you attend? Can you provide us with an official transcript?
Gender	Do you wish to be addressed as , Mrs., Miss, or Ms.? What is your maiden/birth name?	Generally, no questions may be asked about gender unless gender is a bona fide occupational qualification (e.g., locker room attendant).
Language	What is your native language? Inquiry into how candidate acquired ability to read or write or speak a foreign language.	What languages do you speak and write fluently? (If the job requires additional languages.)
Military Record	What type of discharge did you receive?	What type of education, training, work experience did you receive while in the military?
Organizations	List all clubs, societies, and lodges to which you belong.	Inquiry into candidate’s membership in organizations which the candidate considers relevant to his or her ability to perform job.
Parental Status	Inquiry into whether candidate has children, plans to have children, or has childcare arrangements.	May ask if candidate can meet specified work schedules or has activities, commitments, or responsibilities that may prevent him or her from meeting work attendance requirements. If such questions are asked, they must be asked of both sexes.
Physical Features	It is illegal to ask about weight, height, impairment, or other non-specified job- related physical data.	No questions.
Race or Color	Complexion or color of skin.	No questions.
Reference Checking	What is your father’s surname? What are the names of your relatives?	By whom were you referred for this position? Names of people willing to provide references.
Religion or Creed	Inquiry into candidate’s religious denomination, religious affiliations, church, parish, pastor, or religious holidays Willingness to work any particular religious holiday.	Can advise candidate about normal hours and days of work required by the job to avoid possible conflict with religious or other observances.
Sexual Orientation	No questions.	No questions.
Worker's Compensation	Have you ever filed for worker's compensation? Have you had any prior work injuries?	No questions.

APPENDIX II: Recruitment Appendix Regarding Appropriate Competency Based Employment Questions

Examples of Competency Based Interview Questions (Technical and Behavioral Competencies)

Job Related Competency	Sample Questions
Customer Orientation	How do you handle problems with customers? Give an example. How do you go about establishing rapport with a customer? What have you done to gain their confidence? Give an example. What have you done to improve relations with your customers?
Conflict Resolution	Describe a time when you took personal accountability for a conflict. What was the issue and how was it resolved?
Decision Making	Discuss an important decision you have made regarding a task or project at work. What factors influenced your decision? Everyone has made some poor decisions or has done something that just did not turn out right. Has this happened to you? What happened? Tell us about a time when you had to defend a decision you made even though other important people What was your most difficult decision in the last 6 months? What made it difficult? doing it?
Detail-Oriented	Have the jobs you held in the past required little attention, moderate attention, or a great deal of attention to detail? Give me an example of a situation that illustrates this requirement.
Technical Skills	What type of software programs do you consider yourself an expert in? Tell us about a time that you utilized a software program to resolve a business issue and improve efficiencies. What kinds of problems have you had coordinating technical projects? How did you solve them?
Professional Expertise	Tell us about a time that your knowledge and subject matter expertise were instrumental in the successful development and/or implementation of a project or program for the organization that you worked for.
Employee Development	Tell us about a training program that you have developed or enhanced. Have you ever had an employee whose performance was consistently marginal? What did you do?
Delegation	How do you make the decision to delegate work? What was the biggest mistake you have had when delegating work? The biggest success?