This guide is not to be construed as policy or providing legal advice or to be cited as legal authority.



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Transcription:

This guide is not to be construed as policy or providing legal advice or to be cited as legal authority. The contents herein are solely intended as general best practices and, therefore, are limited in content and scope. You should contact the appropriate designated personnel within your organization for advice and/or guidance regarding any specific situation. i

Recruitment & Selection Best Practices Guide ii

Recruitment & Selection Best Practices Guide ACKNOWLEDGEMENTS This Guide is the result of true collaboration with VA stakeholder organizations. It would not be as rich in information if it were not for the outstanding input from several entities, including Office of General Counsel, Office of Resolution Management, various VA Human Resources offices, Veterans Employment Coordination Service and the Office of Employment Discrimination Complaint Adjudication. ODI thanks you for your invaluable contributions, time, and expertise. iii

Recruitment & Selection Best Practices Guide iv

Recruitment & Selection Best Practices Guide table TABLE of OF contents CONTENTS Introduction...1 tips INTRODUCTION for using...1 this guide...1 VA s TIPS Commitment FOR USING THIS to GUIDE...1 eeo and diversity...2 VACO EEO POLICY...2 EEO, DIVERSITY, AND HR RESOURCES...3 VACO EEO, DIVERSITY, AND HR RESOURCES...3 EEO LAWS...4 EEO LAWS...4 MERIT SYSTEM PRINCIPLES...6 MERIT SYSTEM PRINCIPLES...6 PROHIBITED PERSonnel PRACTICES...7 PROHIBITED PERSONNEL PRACTICES...7 PRotected CATEGORIES...8 PROTECTED CATEGORIES...8 JOB analysis...9 JOB ANALYSIS...9 OUTREACH AND RECRUItment...10 OUTREACH AND RECRUITMENT...10 checklist...15 CHECKLIST...15 THE INTERVIEW PROCESS...16 THE INTERVIEW PROCESS...16 AN EEO CASE...17 INTERVIEWING TIPS...19 PREPARATION TIPS...18 INTERVIEW PANEL TIPS...19 INTERVIEWING TIPS...19 DOs AND DON Ts...20 INTERVIEW PANEL TIPS...19 THE SELECTION DECISION: HIRING...21 DOs AND DON Ts...20 EEO CASES...23 THE SelectION DECISION: HIRING...21 THE SELECTION DECISION: REPRISAL...25 EEO CASES...23 AN EEO CASE...25 THE SelectION DECISION: REPRISAL...25 MORE SELECTION BEST PRACTICES...26 AN EEO CASE...25 CLOSURE AND RECORDKEEPING...27 MORE SelectION BEST PRACTICES...26 EEO CASES...27 CLOSURE RECRUITMENT AND AND RECORDKEEPING...27 SELECTION KEY STEPS CHECKLIST...29 THE WAY EEO AHEAD...31 CASES...27 recruitment APPENDICES...33 and selection 18 key steps checklist...29 THE WAY ahead...31 APPENDICES...33 v

Recruitment & Selection Best Practices Guide vi

Recruitment & Selection Best Practices Guide INTRODUCTION The Department of Veterans Affairs (VA) is is committed to to fostering a diverse workforce and inclusive work environment free from unlawful employment discrimination and and without barriers to to Equal Equal Employment Opportunity (EEO). (EEO). VA s VA s Office Office of of Diversity Diversity and and Inclusion Inclusion (ODI) (ODI) has has developed developed this this Recruitment Recruitment and and Selection Selection Best Best Practices Practices Guide Avoiding Guide Avoiding EEO EEO Pitfalls Pitfalls, To with Create the assistance A Diverse of key stakeholders, to assist managers and supervisors with ensuring there are no Workforce, with the assistance of key stakeholders, to assist managers and barriers to EEO in the recruitment and selection process, in order to best serve supervisors with ensuring there are no barriers to EEO in the recruitment and our Nation s Veterans. selection process, in order to best serve our Nation s Veterans. This guide lists key EEO pitfalls and provides practical EEO information and This strategies guide for lists avoiding key EEO them. pitfalls It is and designed provides to practical provide best EEO practices information for and strategies conducting for a fair avoiding and legal them. hiring It is process designed that to provide ensures best equity practices in internal for conducting placement actions a fair hiring and process external that hiring ensures practices. equity The in hiring internal process placement includes actions any and measures, external practices, hiring practices. policies, The and hiring procedures process used includes to arrive any at measures, a hiring or practices, promotional policies, decision, and including procedures but used not limited to arrive to recruitment, at a hiring or interviewing, promotional rating decision, and ranking including candidates, but not and limited final to selection. recruitment, interviewing, rating and ranking candidates, and final selection. Our vision is to help VA become an employer of choice and a leader in the Our Federal vision community is to help in VA the become area of an equity, employer diversity, of choice and inclusion. and a leader Ensuring the Federal EEO community in the workforce in the recruitment area of equity, and diversity, selection and process inclusion. is a cornerstone Ensuring EEO of Federal in the workforce human capital recruitment management and selection and is essential process is to a recruiting, cornerstone developing, of Federal and human capital retaining management a competent, and committed, is essential and to diverse recruiting, workforce developing, that provides and retaining a competent, high-quality committed, service to Veterans and diverse and workforce their families. that provides high-quality service to Veterans and their families. We hope this guide provides hiring managers and supervisors with effective We practices hope this to ensure guide VA provides remains hiring a fair managers and high-performing and supervisors organization with effective in the practices 21st Century. to ensure If you VA have remains any questions a fair, diverse, about and this high-performing guide, please contact organization ODI at in the (202) 21 461-4131 st Century. or If odi@va.gov. you have any questions about this guide, please contact ODI at (202) 461-4131 or odi@va.gov. TIPS FOR USING THIS GUIDE TIPS FOR USING THIS GUIDE This document is structured to guide hiring officials, managers, and supervisors through the selection process and offers tips, checklists, best practices, and This relevant document information is structured concerning to guide this process. hiring officials, It addresses managers each and of supervisors the main through steps involved the selection in the selection process and process: offers job tips, analysis, checklists, outreach best practices, and recruitment, and relevant the interview information process, concerning and the selection this process. decision. It addresses each of the main steps involved in the selection process: job analysis, outreach and recruitment, the interview Please note process, that throughout and the selection the hiring decision. process, managers and supervisors should consult the requirements of all applicable Union contracts to Please ensure note compliance. that throughout the hiring process, hiring officials, managers and supervisors should consult the requirements of all applicable laws, Union contracts and merit promotion principles to ensure compliance. 1

Recruitment & Selection Best Practices Guide VA S EEO COMMITMENT POLICY TO EEO AND DIVERSITY VA is is committed to to ensuring EEO, promoting diversity and inclusion, and resolving workplace resolving workplace conflict constructively conflict constructively in order to maintain order to a maintain high-performing a high-performing workforce in workforce service to in our service Nation s to our Veterans. Nation s As Veterans. our Nation As and our Nation our Department and our Department face unprecedented face unprecedented challenges challenges and opportunities, and opportunities, never never has it has been it been more more important that important we reaffirm that we our reaffirm pledge our to protect pledge and to protect empower and our empower most valuable our most valuable asset our employees. The Department will will vigorously enforce all all applicable Federal EEO laws, regulations, Executive Orders, Management Directives and and applicable policies policies to to ensure ensure equal equal employment opportunity in in the the workplace and and full full protection protection of of all all VA VA employees. employees. 1 1 VA s VA s EEO EEO program program is is committed committed to to ensuring ensuring that that all all employees employees and and applicants applicants for for employment have equality of opportunity in the Federal workplace. employment have equality of opportunity in the Federal workplace. Specifically, Specifically, the policy of VA is to: the policy of VA is to: (1) Provide equal opportunity in employment for all qualified persons. (1) (2) Provide Allow program equal opportunity accessibility in so employment that employees for all can qualified fully apply persons. all of their (2) Allow talents program in carrying accessibility out VA s so mission. that employees can fully apply all of their (3) talents Prohibit in discrimination carrying out VA s in employment mission. because of race, national origin, (3) Prohibit gender, discrimination age, color, religion, in employment disability, because sexual orientation of race, national 2, parental origin, status, gender, or reprisal age, for color, engaging religion, in protected disability, activity. sexual orientation 2, parental status, or (4) reprisal Maintain for a engaging work environment in protected that activity. is free of harassment or reprisal for (4) Maintain engaging a in work protected environment activity. that is free of harassment or reprisal for (5) engaging Promote a in positive, protected continuing activity. affirmative employment program (5) Promote designated a positive, to eradicate continuing barriers affirmative to employment. employment program designated (6) to Eliminate eradicate barriers to to full employment. participation of the Nation s workforce. (6) (7) Eliminate Manage the barriers diversity to full of participation the work environment of the Nation s by improving workforce. (7) Manage communication the diversity and the of the acceptance work environment of individual by improving difference, communication and by and removing the acceptance institutional of and individual attitudinal difference, barriers and that by inhibit removing individuals institutional from and advancing attitudinal as far barriers as their that talents inhibit will individuals take them. from 3 advancing as far as their talents will take them. 3 1 U.S. Department of Veterans Affairs, EEO, Diversity, and No Fear Policy Statement. 1 http://www.diversity.hr.va.gov/docs/09ee_policy.pdf. U.S. 2 Department of Veterans Affairs, EEO, Diversity, and No FEAR Policies February 27, 2009 http://www.diversity.hr.va.gov/docs/09eeo_policy.pdf. Discrimination based on sexual orientation is not covered under Title VII; it is prohibited by way of 2 Executive Order (E.O. 13087). Discrimination based on sexual orientation is not covered under Title VII; it is prohibited by way of Executive Order 3 U.S. (E.O.13087) Department and of Veterans under VA s Affairs, EEO, Diversity, Management No FEAR Policies and Equal February Employment 27, 2009. Opportunity Directive, 3 Directive 5975. http://www.diversity.hr.va.gov/docs/policies/directive_5975.pdf. U.S. Department of Veterans Affairs, Diversity Management and Equal Employment Opportunity Directive, Directive 5975. http://www.diversity.hr.va.gov/docs/policies/directive_5975.pdf. 2

Recruitment & Selection Best Practices Guide VACO EEO, DIVERSITY, AND HR RESOURCES Office of Diversity and Inclusion (ODI) The mission of ODI is to foster a diverse and inclusive work environment that ensures equal employment opportunity through Departmental policy development, workforce analysis, outreach, retention, and education to best serve our Nation s Veterans. ODI advises and supports the Assistant Secretary for Human Resources and Administration in workforce diversity issues. The office also supports the Secretary, Deputy Secretary, Under Secretaries, and Assistant Secretaries in their actions to achieve and sustain a diverse workforce. Web site: http://www.diversity.hr.va.gov/index.asp. Office of Resolution Management (ORM) The mission of ORM is to promote a discrimination-free work environment focused on serving Veterans by preventing, resolving, and processing workplace disputes in a timely and high quality manner. Web site: http://www4.va.gov/orm/. Office of Employment Discrimination Complaint Adjudication (OEDCA) OEDCA is an independent VA component, created by Congress in 1997, that issues objective, timely and high quality final agency decisions and orders adjudicating employment discrimination claims filed by VA employees and applicants for employment. Web site: http://www.oedca.va.gov. Office of Human Resources Management (OHRM) OHRM provides policies, programs, automated systems, toolboxes, and other best practice resources in the areas of benefits-worklife, classification, compensation, employee relations, human capital development, staffing, and workforce planning, to enable VA to attract, develop, and retain the people who provide quality services to Veterans. Web site: http://vaww1.va.gov/ohrm/index.htm. Veterans Employment Coordination Service (VECS) VECS was established in OHRM to advance efforts to attract, recruit, and hire Veterans into VA, particularly severely injured Veterans returning from Operation Enduring Freedom and Operation Iraqi Freedom. Web site: http://www4.va.gov/vecs/. Office of General Counsel (OGC) The mission of OGC is to identify and meet the legal needs of VA. Its primary objective is to ensure the just and faithful execution of the laws, regulations, and policies that the Secretary has responsibility for administering, and by so doing enable the Department to accomplish its mission of service to our Nation's Veterans. Web site: http://www4.va.gov/ogc/. 3

Recruitment & Selection Best Practices Guide EEO LAWS All personnel actions must comply with Federal EEO laws, Merit Systems Principles, the foundation of the Civil Service, and not constitute a Prohibited Personnel Practice. Federal Laws That Prohibit Workplace Discrimination The following laws are enforced by the Equal Employment Opportunity Commission (EEOC): Title VII of the Civil Rights Act of 1964 (Title VII), which makes it illegal to discriminate against a person on the basis of race, color, religion, sex, or national origin. The law also protects individuals from retaliation if they complain about discrimination or participate in the EEO process. Web site: http://www.eeoc.gov/laws/statutes/titlevii.cfm. The Pregnancy Discrimination Act, which amended Title VII to make it illegal to discriminate against a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. Web site: http://www.eeoc.gov/laws/statutes/pregnancy.cfm. The Equal Pay Act of 1963, which makes it illegal to pay different wages to men and women if they perform equal work in the same workplace. The law also protects individuals from retaliation if they complain about discrimination or participate in the EEO process. Web site: http://www.eeoc.gov/laws/statutes/epa.cfm. Title I of the Americans with Disabilities Act of 1990 (ADA), which makes it illegal to discriminate against a person with a disability in private companies and state and local governments. The law also protects individuals from retaliation if they complain about discrimination or participate in the EEO process. Web site: http://www.eeoc.gov/laws/statutes/ada.cfm. Sections 501 and 505 of the Rehabilitation Act of 1973, which makes it illegal to discriminate against a person with a disability in the Federal Government. The law also protects individuals from retaliation if they complain about discrimination or participate in the EEO process. Web site: http://www.eeoc.gov/laws/statutes/rehab.cfm. The Age Discrimination in Employment Act of 1967 (ADEA), which protects people who are age 40 or older from discrimination because of age. The law also protects them from retaliation if they complain about age discrimination or participate in the EEO process. Web site: http://www.eeoc.gov/laws/statutes/adea.cfm. 4

Recruitment & Selection Best Practices Guide EEO LawS The Genetic Information Nondiscrimination Act of 2008 (GINA), prohibits the improper use of genetic information in health insurance and employment; bars employers from using individuals genetic information when making a hiring, firing, job placement, or promotion decision. Web site: http://www.eeoc.gov/laws/statutes/gina.cfm. The following workplace laws are enforced by other Federal agencies: Uniformed Services Employment and Reemployment Rights Act (USERRA), protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service or certain types of service in the National Disaster Medical System. USERRA also prohibits employers from discrimination against past and present members of the uniformed services, and applicants to the uniformed services. Web site: http://www.dol.gov/vets/programs/userra/main.htm. The Civil Service Reform Act of 1978 (CSRA), makes it illegal to discriminate against a federal employee or job applicant on the bases of race, color, national origin, religion, sex, age, or disability. The CSRA also prohibits discrimination on the bases of certain other factors that don't adversely affect employee performance, such as marital status, political association, and sexual orientation. The CSRA makes it illegal to fire, demote, or otherwise "retaliate" against a federal employee or job applicant for whistle-blowing or for exercising the right to file a complaint, grievance, or an appeal. The Office of Special Counsel and the Merit Systems Protection Board enforce the CSRA. For more information, contact the Office of Personnel Management at (202) 653-7188 or visit http://www.opm.gov/. 5

Recruitment & Selection Best Practices Guide MERIT SYSTEM PRINCIPLES The Merit System Principles listed below are adapted from the statutory language that appears in section 2301(b) of Title 5, United States Code. Recruit qualified individuals from all segments of society and select and advance employees on the basis of merit after fair and open competition. Treat employees and applicants fairly and equitably, without regard to political affiliation, race, color, religion, national origin, sex, marital status, age, or disability condition. Provide equal pay for equal work and reward excellent performance. Maintain high standards of integrity, conduct, and concern for the public interest. Manage employees efficiently and effectively. Retain or separate employees on the basis of their performance. Educate and train employees when it will result in better organizational or individual performance. Protect employees from improper political influence. Protect employees against reprisal for the lawful disclosure of information in "whistleblower" situations (i.e., protect people who report illegal and/or wasteful activities). 6

Recruitment & Selection Best Practices Guide PROHIBITED PERSONNEL PRACTICES The prohibited personnel practices listed below are adapted from the statutory language that appears in section 2302(b) of Title 5, United States Code. It is a prohibited personnel practice to: Discriminate on the basis of race, color, religion, sex, national origin, age, disability, marital status, or political affiliation. Solicit or consider employment recommendations based on factors other than personal knowledge or records of job-related abilities or characteristics. Coerce an employee's political activity. Deceive a person or otherwise obstruct his or her right to compete for employment. Influence any person to withdraw from competition for a position to improve or injure the employment prospects of any other person. Give unauthorized preference or advantage to any person to improve or injure the employment prospects of any particular employee or applicant. Engage in nepotism (i.e., hire, promote, or advocate the hiring or promotion of relatives). Retaliate against whistleblowers, whether an employee or an applicant. Retaliate against employees or applicants who exercise their appeal rights, testify or cooperate with an Inspector General or the Special Counsel, or refuse to break a law. Discriminate based on personal conduct that is not adverse to on-the-job performance of the employee, applicant, or others. Violate Veterans preference requirements. Violate any law, rule, or regulation which implements or directly concerns the merit principles. 7

Recruitment & Selection Best Practices Guide PROTECTED CATEGORIES Political Affiliation Sex/Gender Age Parental or Marital Status Retaliation (for participation in protected activity) Race Disability Religion National Origin Color Veteran Status Genetic Information Sexual Orientation Hiring Officials must be mindful of the above listed categories regarding EEO and other protected categories throughout the selection process to ensure equal employment consideration is given to all applicants. 8

Recruitment & Selection Best Practices Guide JOB ANALYSIS A job analysis sets the foundation for outreach, recruitment, and selection actions and should be the first step in the recruitment process. It is a systematic procedure for gathering, documenting, and analyzing information about the content, context, and requirements of the job to identify the essential functions of the position and the necessary competencies, knowledge, skills, and abilities (KSAs) required. With the assistance of human resources (HR) and subject matter experts (SMEs), managers and supervisors are required to perform a complete job analysis, identifying the critical duties, functions, and intended outcomes of the position. This information is critical for several reasons: 1) it leads to an accurate vacancy announcement, which will yield a list of candidates with the required qualifications; 2) it assists outreach efforts; and 3) it aids the development of interview and selection documents. Note: Consult job analysis requirements of applicable Union contracts. Job Analysis EEO Pitfall: Job analysis is not conducted prior to issuing a vacancy announcement. Job Analysis Best Practice: Perform a thorough job analysis under the guidance of HR, prior to issuing a vacancy announcement and periodically review it to ensure it is current before later vacancy announcements. EEO Implication #1: This information will be critical for developing objective, job-related, structured interview questions and rating and ranking criteria. This will minimize the potential for considering biased, non-meritorious factors during the interview process. EEO Implication #2: Additionally, in cases of reasonable accommodation requests, the deciding official for the request must review the essential functions of a position to determine if the individual can perform them, with or without an accommodation. If the assessment is accomplished after the request is made, versus before, and the individual is deemed unable to perform the duties, it may appear as if the manager deliberately identified essential functions that would render the individual as unqualified for that particular position. 9

Recruitment & Selection Best Practices Guide OUTREACH AND RECRUITMENT Diversity is the cornerstone of effective human capital management in the 21 st century. In order to become a high performing organization in this millennium, VA must tap into the rich diversity of talent, skills, and perspectives of our increasingly global community. It is the policy of the executive branch to have a workforce that looks like the face of America drawn from all segments of society. To assist in this effort, hiring officials are encouraged to proactively engage in engage recruitment in recruitment outreach outreach, to cast a to wide utilize net, varied including recruitment utilizing sources, varied recruitment and to sources, consider and special considering hiring authorities/appointments special hiring authorities/appointments and internship programs and internship when programs filling positions. when filling These positions. recruitment These and recruitment hiring options and allow hiring managers options allow to managers expedite selections to expedite and selections streamline and the streamline hiring process. the hiring process. Targeted Outreach Outreach Targeted Targeted Outreach, Outreach, also also referred referred to to as as Focused Focused Outreach Outreach or or Special Special Outreach, Outreach, is is diversity management strategy that can be utilized to broaden standard a diversity management strategy that can be utilized to broaden standard outreach outreach and recruitment efforts to attract qualified applicants from identified and recruitment efforts to attract qualified applicants from identified groups with low groups with low participation rates in VA s workforce. participation rates in VA s workforce. As part of our efforts to establish and maintain effective affirmative programs of As equal part employment of our efforts opportunity, to establish in and compliance maintain with effective Section affirmative 717 of Title programs VII, and of effective equal employment affirmative action opportunity, programs, in compliance in compliance with with Section Section 717501 of Title of the VII, and Rehabilitation effective affirmative Act, we want action to make programs, sure that in compliance we cast a wide with Section net to reach, 501 of the encourage, Rehabilitation and include Act, we applicants want to make who may sure not that be we reached cast a wide through net standard to reach, encourage, outreach and and recruitment include applicants methods. who The may ultimate not be goal reached is to achieve through a standard qualified, outreach diverse applicant and recruitment pool. methods. The ultimate goal is to achieve a qualified, diverse applicant pool. Targeted outreach strategies include advertising career opportunities in Targeted publications, outreach media strategies outlets, at include job fairs advertising or other events career that opportunities serve minorities, publications, women, and people media outlets, with disabilities. at job fairs Also, or other networking events and that partnering serve minorities, with women, internal and external people with customers, disabilities. including, Also, networking but not limited and to: partnering minority serving with internal and colleges external and customers, institutions; including, professional but and not limited community to: minority organizations; serving affinity colleges and institutions; groups; faith-based professional organizations; and community community organizations; centers; military affinity groups; transition faith based organizations; programs; Veterans community Employment centers; Coordination military transition Service; programs; Center for Veterans Minority Employment Veterans; and Coordination Vocational Rehabilitation Service; Center and for Employment. Minority Veterans; For additional and Vocational Rehabilitation resources, please and refer Employment. to the Best For Practices additional in resources, Recruitment please Outreach refer and to the Best Practices Retention in guide Recruitment contained Outreach in the appendix. and Retention guide contained in the appendix. See Appendix I: Best Practices in Recruitment Outreach and Retention guide See Appendix I: Best Practices in Recruitment Outreach and Retention guide Web site: http://www.diversity.hr.va.gov/docs/guide.pdf. Web site: http://www.diversity.hr.va.gov/docs/guide.pdf. Special Hiring Authorities/Appointments Special Hiring Authorities/Appointments Schedule A. Schedule A is an appointing authority, or hiring Schedule authority. It A. is an Schedule Excepted A Service is an appointing appointment authority, for persons or hiring with authority. It is an Excepted Service appointment for persons with disabilities. 10

Recruitment & Selection Best Practices Guide OUTREACH AND RECRUItment The disabilities. regulations The guiding regulations the Excepted guiding the Service Excepted Appointment Service of Appointment Persons with of Persons Disabilities, with Career, Disabilities, and Career-Conditional Career, and Career-Conditional Appointments Appointments are found are in found the Code in the of Code Federal of Federal Regulations Regulations (CFR). (CFR). The citation The citation is 5 CFR is 213.3102(u). 5 CFR 213.3102(u). These individuals These individuals may have may a certification have a certification of job readiness of job issued readiness by a issued VA vocational by a VA rehabilitation vocational rehabilitation official or other official State/Federal or other agency State/Federal may certify agency disability may certify and employability. disability and Disabled employability. Veterans Disabled may also be Veterans eligible may for appointment also be eligible under for Schedule appointment A. under (See following Schedule paragraph A. regarding (See following Disabled paragraph Veterans.) regarding Disabled Veterans.) Disabled Disabled Veterans. Veterans. Disabled Disabled Veterans Veterans enrolled enrolled in in a a VA VA vocational vocational rehabilitation rehabilitation program program and and those those with with 30% 30% or or higher higher service service connected connected disabilities have special appointment eligibility (and may also be eligible disabilities have special appointment eligibility (and may also be eligible under the other Veterans hiring authorities listed below). under the other Veterans hiring authorities listed below). Please note that Federal Agencies must comply with Executive Order Please 13163 note that mandates that Federal Increasing Agencies Opportunities must comply for with Individuals Executive with Order 13163 Disabilities that mandates to be Employed Increasing in the Opportunities Federal Government. for Individuals Selecting with Disabilities officials are to strongly be Employed encouraged in the Federal to consider Government. disabled Veterans Selecting or officials are candidates strongly encouraged under Schedule to consider A, as well disabled as the Veterans Workforce candidates Recruitment under Schedule Program A, (WRP) an as well as annual the Workforce employment Recruitment program consisting Program (WRP) of qualified an college annual students employment with disabilities. program consisting Accommodations of qualified may college be obtained students with through disabilities. programs Accommodations such as DoD s Computer/Electronic may be obtained through Accommodations programs such Program as DoD s (CAP) Computer/Electronic at no cost to the hiring Accommodations agency. For more Program information (CAP) at no regarding cost to the reasonable hiring agency. accommodations For more information consult with regarding your Local reasonable accommodations Reasonable Accommodation consult with your Coordinator, Local Reasonable EEO, or HR Accommodation staff. Coordinator, EEO, or HR staff. Veterans Preference. Some Veterans seeking federal civilian Veterans employment Preference. are eligible Some based Veterans on their seeking military federal service civilian to receive employment are consideration eligible based for selection their military before service applicants to receive not entitled consideration to Veteran s for selection preference. before Applicants applicants must not submit entitled a to DD-214 Veteran s as proof preference. of qualifying Applicants must military submit service, a DD-214 and if as separated, proof of qualifying a letter from military the appropriate service, and branch if of separated, the armed a services letter from or VA. the appropriate branch of the armed services or VA. Web Web site: site: http://www.opm.gov/staffingportal/vetguide.asp. Veterans Veterans Recruitment Recruitment Appointment Appointment (VRA) (VRA) Authority. Authority. Agencies Agencies have have the authority to appoint Veterans in the excepted service under the VRA. the authority to appoint Veterans in the excepted service under the VRA. This is a special authority under which agencies can appoint an eligible This is a special authority under which agencies can appoint an eligible Veteran up through the GS-11 or equivalent grade level without Veteran up through the GS-11 or equivalent grade level without competition. competition. The candidate must meet specific eligibility requirements The along candidate with the must applicable meet specific qualification eligibility requirements. requirements The along agency with must the applicable convert the qualification appointment requirements. to career or career-conditional The agency must convert after two the years of appointment satisfactory to service career (5 or CFR career-conditional part 307). Agencies after two may years also of hire satisfactory VRA service eligibles (5 on CFR temporary part 307). and Agencies term appointments may also hire (5 CFR VRA Part eligibles 316). on temporary and term appointments (5 CFR Part 316). Veterans Employment Opportunities Act of 1998 (VEOA), as Veterans amended. Employment Veterans with Opportunities three years military Act of service 1998 (VEOA), and anyone as amended. eligible Veterans with three years military service and anyone eligible 11

Recruitment & Selection Best Practices Guide OUTREACH AND RECRUItment for Veteran s preference may be appointed if determined to be among the best qualified candidates under merit promotion announcement open to applicants outside of VA (5 CFR 315.611). Web site: http://www.fedshirevets.gov/job/shav/index.aspx#veoa. Career Transition Assistance Program (CTAP or Interagency CTAP). Consult with HR for guidance. Web site: http://www.opm.gov/rif/employee_guides/career_transition.asp. Direct-Hire. This authority allows agencies with delegated examining authority to hire individuals without regard to sections 3309-3318 of Title 5, United States Code. Web site: http://www.opm.gov/strategic_management_of_human_capital/fhfrc/flx 03010.asp. Requests for direct-hire authority must be submitted by the agency s Chief Human Capital Officer (or equivalent) at the agency s headquarters level (5 CFR 337.201). Agency requests may be addressed to the Associate Director for Strategic Human Resources Policy. Agencies can expedite OPM processing by faxing the request to the Division for Strategic Human Resources Policy at (202) 606-2329. Note: VA Central Office has no direct hire authority. Internship Programs Internship programs are the means by which VA can recruit, train, and develop talent to fill important VA roles. Internship programs can provide both short and long-term benefits to students and employers. Many of these programs can also help VA meet its goal of hiring a workforce that is diverse and culturally represented. Nontraditional Internships: These programs target groups that have been historically underrepresented in the Federal workforce. VA has partnered with several nonprofit organizations that are committed to educating students on the importance of career choices, academic studies, and public service. These organizations include the American Indian Science and Engineering Society, Hispanic Association of Colleges and Universities, National Association for Equal Opportunity in Higher Education on behalf of Historically Black Colleges and Universities, Washington Internships for Native Students, The Washington Center for Internships and Academic Seminars, Workforce Recruitment Program, and the International Leadership Foundation for Asian American Pacific Islanders. For an updated list of these programs please visit ODI s Web site. Web site: http://www.diversity.hr.va.gov/spi/internships.htm. Student Educational Employment Program: This program provides the authority to appoint students in the excepted service under the Student Educational Employment Program. There are two components to this 12

Recruitment & Selection Best Practices Guide OUTREACH AND RECRUItment program: the (1) Student Temporary Employment Program (STEP) and (2) Student Career Experience Program (SCEP). These are special authorities under which agencies can appoint students who are enrolled or have been accepted for enrollment in at least a part-time schedule at an accredited institution. Appointment in the STEP program is not to exceed one year and may not be converted to a term or permanent position; however, they may be converted to a SCEP appointment. Individuals in the SCEP program may be non-competitively converted to term or career/career-conditional appointments within 120 days of academic requirement completion. Students hired under SCEP may be granted tuition assistance by the hiring agency. (5 CFR 213.3202). Web site: http://www.opm.gov/employ/students/intro.asp. Federal Career Intern Program (FCIP): This program helps agencies recruit and attract exceptional individuals into a variety of occupations. It was created under Executive Order 13162 and is for positions at grade levels GS-5, 7, and 9 or other trainee positions. In general, individuals are appointed to a 2-year internship. Upon successful completion of the internships, the interns may be eligible for permanent placement within an agency (5 CFR 213.3202(o)). Web site: http://www.opm.gov/careerintern/. Technical Career Field (TCF): This VHA intern program recruits journeyman-level staff from colleges and universities to fill vacancies in technical career fields where current and future shortages are expected. Each intern is placed with an experienced preceptor in a VHA facility. Within VHA, the FCIP authority is used for the TCF. Presidential Management Fellows (PMF) Program: A forerunner of the current program was originally established by Executive Order in 1977 and revised in 2003. Outstanding graduate students (Master s and doctoral-level) from a wide variety of academic disciplines who have an interest in, and commitment to, a career in the analysis and management of public policies and programs are attracted to Federal service by this program. PMF may be appointed at the GS-9, 11, or 12 level (or equivalent) (Executive Orders 12364 and 13318, and 5 CFR part 362). Web site: https://www.pmf.opm.gov/. VA Advanced Fellowships: These post-residency fellowships which number about 160 to 200 per year are awarded to licensed and board certified or board eligible physicians to undertake study in emerging health specialties of particular importance to VA (for example, spinal cord injuries). For additional resources, please refer to the Best Practices in Recruitment Outreach and Retention guide contained in the appendix. 13

Recruitment & Selection Best Practices Guide OUTREACH AND RECRUItment See Appendix I: Best Practices in Recruitment Outreach and Retention Web site: http://www.diversity.hr.va.gov/docs/guide.pdf. Recruitment EEO Pitfall: Recruitment efforts fail to reach broad audiences, limiting the applicant pool. Recruitment Best Practice: Announce job vacancies to broad and diverse recruitment sources; employ targeted outreach strategies to reach groups that have historically had a less than expected participation rate in VA s workforce; and utilize special hiring authorities and/or internship programs to fill vacancies. EEO Implication: Promotes VA s efforts to be a model Equal Employment Opportunity employer of choice and to foster a diverse, inclusive workforce. 14

CHECKLIST Recruitment & Selection Best Practices Guide OUTREACH AND RECRUItment / CHECKLIST Perform a job analysis that identifies the major job duties and essential functions of the position Review, create, modify, or update a Position Description (PD) to accurately reflect duties and responsibilities of the position to be filled Develop the position crediting plan identifying the rating criteria Develop proactive, strategic outreach/recruitment plans to attract a diverse applicant pool, visit http://www.diversity.hr.va.gov/index.asp Consider utilizing Special Hiring Authorities, such as Schedule A ; VRA; 30 Percent or More Disabled Veterans. Find out about the various rules regarding selection priority for qualified applicants who have Veterans Preference or who are covered by a Career Transition Assistance Plan or Reemployment Priority List. Ensure you clear these lists with HR Consider filling positions utilizing intern programs Consult the ODI s Web site for additional resources under Outreach and Retention, including Best Practices in Recruitment Outreach and Retention If the position is difficult to fill because of special skills requirements, utilize incentives to attract candidates, including travel for interview, relocation costs, recruitment and relocation bonuses or higher step in grade based on superior qualifications (See http://www.opm.gov/oca/pay/html/sqafacts.asp) Budget is a consideration; make sure funds are available and hiring Incentives are approved in advance Work closely with HR at all stages of the recruitment process to ensure that your needs and expectations are articulated accurately See Appendix A: Sample Job Analysis Worksheet (Summary) See Appendix B: Sample Recruitment Action Plan Template See Appendix F: Schedule A Frequently Asked Questions 15

Recruitment & Selection Best Practices Guide THE INTERVIEW PROCESS Interviews provide information that can be used during the selection process. They can be especially useful in evaluating such skills as oral communication and interpersonal skills that are not otherwise easily measured in writing. The interview also provides an opportunity for a face-to-face information exchange, affording the applicant an opportunity to learn about the organization. Managers reserve the right to interview or not interview when making a selection. However, if if a manager chooses to to interview some some but but not not all all candidates, or or select without select without interviewing, interviewing, they must they perform must perform a review a review of applications of applications that is based that is on the based job on criteria the job to justify criteria the to justify decision. the decision. This is often This referred is often to referred as the Best to as Qualified the Best Qualified rating process. The selection process must give equal rating process. The selection process must give equal consideration to each consideration to each candidate. Managers or selecting officials conducting the candidate. Managers or selecting officials conducting the interview shall only ask interview shall only ask job-related questions sufficient to elicit information to job-related questions sufficient to elicit information to determine the candidate s determine the candidate s qualifications. It is unlawful or violates an Executive qualifications. Order to ask questions It is unlawful that probe or violates race, an national Executive origin, Order sexual to ask orientation questions 4, that 4 probe religion, race, age, national marital origin, status, sexual family orientation situation, or 1, religion, disabilities. age, The marital interviewer status, family may situation, not ask about or disabilities. the health The or medical interviewer condition may not of a ask candidate about the prior health to offering or medical condition him/her the of position; a candidate or ask prior any to question offering him/her that might the lead position; an interviewer or ask any to question learn that about might any lead of the an above interviewer protected to learn groups. about This any may of the be above interpreted protected as a violation groups. This of the may candidate s be interpreted rights. as Managers a violation must of the treat candidate s all individuals rights. consistently Managers the must treat same. all This individuals is most consistently easily accomplished the same. by This adopting is most a standardized easily accomplished assessment by adopting through a structured standardized interview assessment format through and decision-making a structured interview process. format and decision-making process. Interviewing EEO Pitfall: Preparing interview questions after application materials are received and posing questions that elicit non Interviewing job-related information. EEO Pitfall: Preparing interview questions after application materials are received and posing questions that elicit non job-related information. Interviewing Best Practice: Prepare interview questions in advance that elicit Interviewing ONLY job-related Best information Practice: Prepare relative to interview the KSAs questions of the position. in advance The that same elicit ONLY questions job-related should be information asked of relative each candidate. to the KSAs However, of the position. follow-up The questions same questions may be used should to obtain be asked additional of each or candidate. clarifying information. However, follow-up questions may be used to obtain additional or clarifying information. EEO Implication: Preparing interview questions after reviewing application EEO packages Implication: may lead Preparing one to unconsciously interview questions construct after and reviewing pose questions application that give packages one candidate may an lead advantage one to unconsciously over another. construct Additionally, and pose questions questions that elicit that give information one candidate related to an protected advantage categories over another. may result Additionally, in costly questions litigation that and elicit information adversely impact related VA s to protected ability to categories attract diverse may candidates. result in costly litigation and adversely impact VA s ability to attract diverse candidates. 4 Discrimination based on sexual orientation is not covered under Title VII; it is prohibited by way of 4 Executive Discrimination Order based (E.O. 13087). on sexual orientation is not covered under Title VII; it is prohibited by way of Executive Order (E.O. 13087) and under VA s EEO, Diversity, and No FEAR Policies February 27, 2009. 16

Recruitment & Selection Best Practices Guide AN EEO CASE Unless otherwise noted, all of the EEO Cases cited are ones involving VA. The interviewer got it WRONG: posing illegal questions. THE INTERVIEW PROCESS / AN EEO CASE The following case illustrates how improper questions can violate EEO laws. The complainant in this case, who was receiving VA benefits for some service-connected medical conditions involving his back, legs, and feet, had applied for a temporary clerical position. The interviewer, who was aware of the applicant s medical conditions, explained the physical conditions of the job and asked the applicant if he thought he was capable of performing those essential functions. The applicant responded yes. That question is legal. Unfortunately, the interviewer did not stop at that question. He followed-up with, What makes you think you can really do this job if you re drawing disability? The EEOC concluded this was a technical violation of The Rehabilitation Act. 17

Recruitment & Selection Best Practices Guide THE INTERVIEW PROCESS / PREPARATION TIPS PREPARATION TIPS The hiring official, manager, or supervisor may conduct the interview or may designate another person or a panel with subject-matter knowledge to conduct the initial interview. It is strongly recommended to incorporate diverse panel members when using interview panels; Managers, supervisors, and hiring officials must ensure the rating tool is based on an up-to-date job analysis and is supported by strong valid evidence; Before interviewing the candidate(s), the manager, supervisor, or hiring official should once again consider Special Hiring Authorities, including Schedule A and Veterans Preference; Ensure all persons involved in the selection process (e.g., administrators, interviewers, and assessors) understand their roles and responsibilities; Establish job-related criteria (using criteria reflected in the PD and vacancy announcement) for selecting best qualified candidates for interview off the Certificate of Eligibles; Prepare standardized, job-related interview questions and avoid questions that may elicit personal/family/medically-related responses; Establish an objective, quantifiable scoring or ranking process to identify best qualified candidates who advance within the process; Develop uniform note-taking formats related to standardized questions and distribute to panel members in advance of interviews; and Consider using performance based interview questions. Appendix C: Effective Interviewing Tips; Appendix D: Lawful and Unlawful Interview Questions; Appendix D-1: Sample Performance-Based Interview Questions; Appendix D-2: Sample Interview Questions Rating Sheet; Appendix D-3: Sample Interview Matrix; Appendix D-4: Sample Interview Ranking Matrix; Appendix D-5: Best Qualified Candidate Rating Worksheet; and Appendix F: Schedule A Frequently Asked Questions 18

Recruitment & Selection Best Practices Guide THE INTERVIEW PROCESS / INTERVIEWING TIPS / INTERVIEW PANEL TIPS INTERVIEWING TIPS Allow a consistently designated amount of time for each interview; Rotate questions among panel members; Take appropriate, job-related notes during the interview (do not consider or notate factors unrelated to the job criteria); Treat individuals with respect, sensitivity, and impartiality during the process; Provide applicants the opportunity to ask questions about the job and the selection process; Provide feedback about all hiring decisions in a timely and courteous manner; and Record notes and scores on interview sheets as appropriate; it is also helpful to note the date, time, place, and length of the interview. A copy of interview questions and the name of individual(s) who conducted the interview must be on file. This information is very critical in the event that an EEO complaint is filed and such information is requested. INTERVIEW PANEL TIPS If a panel is used, before referring candidates to the selecting official, the interview panel should: Review notes and convene to rank candidates in accordance with predetermined scoring process; The panel may use a scoring matrix identifying relative ratings of candidates based on rating criteria; and Forward the names of top-ranked candidates to the selecting official for interviews/selection. 19