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Author: Daniel Saeedi

Posted on March 5, 2015July 31, 2018

Establishing an Effective RPO Strategy

Recruitment process outsourcing is defined in the employment industry as the scenario where an employer transfers its recruiting process, whether completely or in part, to a third party. The third-party RPO provider assumes ownership of the recruiting process and manages it based on clearly defined objectives provided by the company.

RPOs became trendy in the 1990s as many companies began to expand their businesses. And, in the current post-recession period, RPOs are attractive to employers seeking to quickly replenish employment ranks, increase in size, cut long-term costs and streamline policies. RPO is a billion dollar industry and is growing fast.

For employers interested in using the RPO process, there are important considerations that must be taken into account. The answer to this question will differ based on the company’s size, geographic reach, recruiting need and budgetary situation. One reason why RPO is attractive is that outsourcing hiring can be more efficient and cost-saving in the long term. The expense of having a large internal recruiting department that must coordinate across cities (and even countries) can be saved by using an effective RPO provider.

RPO is also attractive because it can lead to highly qualified employees because of a wide recruiting net being used. And, an effective RPO process can cut down the time needed to locate, screen and ultimately hire these employees.

Providers also can help standardize hiring policies, which might be very different in various localities. RPO providers are result-oriented businesses whose main goal is to achieve the objectives set out by the company.

However, outsourcing recruiting to a provider is not without significant cost, and may not be an attractive option for smaller companies with less recruiting needs, or companies with the internal infrastructure to effectively manage recruitment. RPOs also can potentially conflict with established company cultures or habits. An RPO provider is not a solution to fix deep-standing HR problems. Pre-existing issues instead will hinder the RPO process. 

Meeting Needs

In any RPO process, companies should first identify their recruiting weaknesses and needs and craft a process with the provider to address these needs. 

And, before hiring a provider, a company should analyze its short- and long-term objectives. A provider can work with a company in the short term to achieve limited and specific hiring goals. This short-term work can even be localized to specific geographic areas. Or, a provider could be hired as part of full and long-term outsourcing, including strategy development, marketing, employee screening and interviews, negotiation and long-term data analysis. 

Companies should define expectations of an RPO provider in contractual form, known in the RPO industry as a service level agreement, or SLA. The SLA should state in detail the agreed-upon expectations and goals for a provider, and also provide that payment is contingent on the delivery of specific results, which could be numeric, geographic, industry-specific and/or research related. The SLA should also clarify the exact role that the provider will perform, whether it is full recruiting ownership or a smaller, more circumscribed role.

In addition to the SLA, company human resources managers and general counsel should remain in close contact with the provider throughout the course of the recruiting process. This close contact not only ensures results but also helps avoid ineffective use of resources and recruiting strategies that might run afoul of policies and legal standards. Only then can an RPO be effective in accomplishing the company’s recruiting goals.

Daniel R. Saeedi is an attorney at Taft, Stettinius & Hollister in Chicago. Comment below or email editors@workforce.com. Follow Workforce on Twitter at @workforcenews.

Posted on August 25, 2014July 31, 2018

Evaluating a Job Applicant’s Background History

When making hiring decisions, employers routinely examine a job applicant’s background. Using background history, especially criminal information, requires extra diligence by human resources professionals, especially where the information is used to deny the applicant a job.

Use of background information can disproportionately affect people of various racial and ethnic backgrounds, along with gender. This could expose an employer to liability under Title VII of the Civil Rights Act of 1964. Also, the Fair Credit Reporting Act requires strict compliance when hiring outside vendors to conduct background checks. 

Below are tips employers should consider when developing an effective hiring process:

1. Define in Writing Job Duties and Expectations. By having written position descriptions, employers can better justify using background information, especially criminal history, to reject an applicant from consideration.

2. Evaluate an Applicant’s Criminal History Under the “Green Factors.”The U.S. Equal Employment Opportunity Commission advises employers who use criminal background history to consider the “Green factors” (so named after a court case) to determine whether the negative history would affect people conducting their job duties. This includes the nature and gravity of the offense or conduct, the time that has passed since the offense or conduct and/or completion of the sentence, and the nature of the job held or sought.

3. Do Not Use Mere Arrests as a Basis for Rejecting an Applicant. The criminal justice system presumes that individuals are innocent until proven guilty. Using arrests with no other information can disproportionately affect people of different races and ethnic backgrounds. The EEOC is especially skeptical of employers that reject qualified candidates solely because of past arrests. In many states, using arrests as a basis to deny employment is illegal.

 4. Do Not Ask About Criminal Histories That Have Been Expunged. Except in rare circumstances, employers are prohibited from asking about sealed or expunged criminal records. Employers should make sure that applicants are informed that they need not provide this information.

5. Preserve Employment Hiring Records for at Least Two Years. The EEOC advises that employers preserve employment hiring records for at least two years after the records were made, or the personnel action was taken, whichever comes later.

6. Keep Up With the Changing Legal Landscape Regarding Background Checks. The law on employment hiring practices changes frequently. As an example of new law, the Illinois Legislature recently passed a bill making it illegal for employers of 15 or more people to even inquire about criminal history until after an applicant has been deemed qualified. House Bill 5701 was sent to the governor in June and was awaiting his signature as of this writing. If it becomes law, many Illinois employers may have to modify their hiring and recruitment practices.

Daniel R. Saeedi is an associate at the law firm Taft, Stettinius & Hollister. Comment below or email editors@workforce.com. Follow Workforce on Twitter at @workforcenews.


 

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