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Jeff Altman, The Big Game Hunter helps organizations achieve their objectives by hunting down leaders and staff. Visit www.TheBigGameHunter.us to watch, listen to or read information to help you with your job search as well as search positions I'm recruiting for.
A friend emailed an article from www.law.com to me that I thought was interesting.
In In re Rodriguez, No. 06-1988, --F.3d--, 2007 WL 1827284 (6th Cir. June 27, 2007), the 6th U.S. Circuit Court of Appeals reversed a summary judgment award in favor of employer, FedEx Freight East, Inc., which allegedly denied an employee a promotion due to the employee's accent and speech characteristics. The appellate court concluded that the employee had provided direct evidence in support of his national origin discrimination claim.
The employee was not selected for a supervisory position he sought. A manager allegedly told Rodriguez that he would have hired Rodriguez but for the supervisor’s stated concern that Rodriguez's accent and speech pattern would adversely impact Rodriguez's ability to rise through the customer ranks.
Another FedEx manager allegedly told Rodriguez that his supervisor said he did not promote Rodriguez because of Rodriguez's accent and "how he speaks."
lower court granted summary judgment to FedEx on Rodriguez's race discrimination claim (which the 6th Circuit later reclassified as a national origin discrimination claim) over the promotion denial.
As the lower court viewed the statements about Rodriquez's accent and speech, the court decided that the employee must establish that he was a member of a protected class, that he was qualified for the position applied for, that he was denied the position and that similarly situated employees who were not members of the protected class were treated more favorably to state a prima facie case of discrimination. The burden then shifts to the employer to articulate a legitimate nondiscriminatory reason for its actions. The burden then shifts back to the employee to demonstrate that the employer's proffered reason was a pretext for discrimination. Applying that standard, the district court found that Rodriguez had failed to establish a prima facie case because Rodriguez did not establish that he was qualified for the promotion or that he was treated differently than a similarly situated non-Hispanic employee.
On appeal, the 6th Circuit reversed the lower court’s decision in favor of grant of FedEx on Rodriquez's promotion claim. The 6th Circuit concluded that the district court erroneously treated the negative statements about Rodriquez's accent and speech pattern as circumstantial evidence of discrimination and improperly analyzed the evidence under the McDonnell Douglas burden-shifting framework.
Rather, the appeals court concluded that such statements were direct evidence of discrimination. Direct evidence of discrimination is "evidence, which, if believed, requires the conclusion that unlawful discrimination was at least a motivating factor in the employer's actions." Jacklyn v. Schering-Plough Healthcare Products Sales Corp., 176 F.3d 921, 926 (6th Cir. 1999). Once a plaintiff provides direct evidence of discrimination, the employer has the burden of showing that "it would have terminated the plaintiff's employment had it not been motivated by discrimination."
The appeals court concluded that the comments showed that a FedEx decision maker denied Rodriquez the position because of his accent and English language skills. The court noted that "accent and national origin are inextricably intertwined." The court also noted that the Equal Employment
It is not a huge leap to see how this case could be applied to hiring and show how a person rejected because of an accent has been discriminated against.
Jeff Altman
The Big Game Hunter
Concepts in Staffing
thebiggamehunter@cisny.com
© 2007 all rights reserved.
Jeff Altman, The Big Game Hunter, is Managing Director with Concepts in Staffing, a New York search firm, He has successfully assisted many corporations identify management leaders and staff in many disciplines since 1971. He is a certified leader of the ManKind Project, a not for profit organization that assists men with life issues, and a practicing psychotherapist.
To receive a daily digest of positions emailed to you, search for openings that The Big Game Hunter is working on, to use Jeff’s free job lead search engine, Job Search Universe, to subscribe to Jeff’s free job hunting ezine, “Head Hunt Your Next Job, or his staffing ezine, “Natural Selection”, or to learn about his VIP program, go to www.jeffaltman.com. Job Search Universe is also available at www.jobsearchuniverse.com To add your firm’s career page to “The Universe” email the url to jobsearchuniverse@gmail.com.
If you would like Jeff and his firm to assist you with hiring staff, or if you would like help with a strategic job change, send an email to him at thebiggamehunter@cisny.com (If you’re looking for a new position, include your resume).
If you have a question that you would like me to answer pertaining to job hunting or hiring, email it to me at:
thebiggamehunter@gmail.com
Having worked closely with managers and business owners for many years, I have seen their hiring process fall on its face because they have forgotten several important rules. Forgetting any of these principles may bog you down, slow down your hiring process and ultimately foster the new hire failing even if you stumble into the “right” person.
If you are looking at junior staff, you may accidentally place an angelic halo around someone because their experience or behaviors may remind you of yourself and, by doing so, may fail to adequately investigate their experience.
Lastly, by doing so, you may foster an environment where you fail to adequately interview and hire people from racial, ethnic, religious and other backgrounds and experiences far different than your own that may foster “lock step thinking” and behavior and, obviously, bias.
2. Know exactly what you expect from your new hire. It may seem obvious in an era where job specs are approved at many levels before a person is actually hired but, again from experience, I know how often people ignore what is on the job description to hire someone who doesn’t fit in some key way or another (for years, the Wall Street Journal would publish a statistic that approximately 20% of all people hired did not fit the job description. That was 20% who admitted it!).
3. Know exactly what you expect from your new hire. What will someone need to do in order to be successful in your job? Do you know? How will you know that this person can actually perform as you hope they will? What will you ask to find out? No matter how junior or senior the person is you need to be able to know your expectations of them and how you will measure their potential for success before you actually hire them.
4. Set aside time. T may seem obvious but you can’t hire someone without making the time to interview them and making sure that your team has time, too. Try to anticipate when there is a lull in the action and avoid interviewing people when you and your team have far too much to get done. Don’t expect that job hunters will be willing to keep visiting your offices or plant time and again because you are too busy. They get the message that they will be overworked and that manners are not important. After all, they took time off from work or to make arrangements to meet you at a time that you said would work. How rude is it on your to push them away and make them return.
5. Create a training program. It may be a simple as “When you have questions, ask Jeff over there” how to handle it. Far better that that is a few days of immersing the new person in your company or group’s practices and processes so that they know what is going on, they know how to handle the basics, and that they learn the informal rules of the road.
6. If you aren’t sure, ask for advice or help. It never hurts to get a second opinion from someone if you are wavering. And after you get the second opinion, if you still aren’t sure, reject the person and keep looking!
Taking the time to do these things will go a long way toward helping you as a manager, a business owner or as an HR professional focus in on the success points to hire someone who will succeed for years to come.
Jeff Altman
The Big Game Hunter
Concepts in Staffing
jeffaltman@cisny.com
© 2007 all rights reserved.
Jeff Altman, The Big Game Hunter, is Managing Director with Concepts in Staffing, a New York search firm, He has successfully assisted many corporations identify management leaders and staff in technology, accounting, finance, sales, marketing and other disciplines since 1971. He is a certified leader of the ManKind Project, a not for profit organization that assists men with life issues, and a practicing psychotherapist.
To subscribe to Jeff’s free job search ezine, Head Hunt Your Next Job, or receive a daily digest of positions emailed to you, go to http://www.jeffaltman.com
If you would like Jeff and his firm to assist you with hiring staff, or if you would like help with a strategic job change, send an email to him at jeffaltman@cisny.com (If you’re looking for a new position, include your resume).
Jeff Altman
The Big Game Hunter
Concepts in Staffing
thebiggamehunter@cisny.com
© 2007 all rights reserved.
Jeff Altman, The Big Game Hunter, is Managing Director with Concepts in Staffing, a New York search firm, He has successfully assisted many corporations identify management leaders and staff in many disciplines since 1971. He is a certified leader of the ManKind Project, a not for profit organization that assists men with life issues, and a practicing psychotherapist.
To receive a daily digest of positions emailed to you, search for openings that The Big Game Hunter is working on, to use Jeff’s free job lead search engine, Job Search Universe, to subscribe to Jeff’s free job hunting ezine, “Head Hunt Your Next Job, or his staffing ezine, “Natural Selection”, or to learn about his VIP program, go to www.jeffaltman.com. Job Search Universe is also available at www.jobsearchuniverse.com To add your firm’s career page to “The Universe” email the url to jobsearchuniverse@gmail.com.
If you would like Jeff and his firm to assist you with hiring staff, or if you would like help with a strategic job change, send an email to him at thebiggamehunter@cisny.com (If you’re looking for a new position, include your resume).
If you have a question that you would like me to answer pertaining to job hunting or hiring, email it to him at:
thebiggamehunter@gmail.com
Try to master the six points I’ve made.
He or she arrives and they are treated like a rock star. They are good looking and have a great wardrobe. Their credentials speak for themselves. You’ve Googled the word “success” in your industry and their picture is the top response.
If you think I’m kidding, I’m not. People are too readily influenced by unimportant qualities such as appearance to the point where they do not investigate the individual’s credentials adequately. The questions asked are easier. They are given “a pass.”
It is important to scratch below the surface and get into the muck of the individual’s experience to see if there is something worthwhile there.
An early lesson I learned before becoming The Big Game Hunter was to ask simple open ended questions early in the interview, listen and then become progressively more pointed with my questions.
For example, I might start with the usual soft question of, “Tell me about yourself and what you’ve been doing professionally?” Eventually, I might progress to, “You say you increased sales by 42%. How much of that would you attribute to a better product offering for your firm and how much for you?”
“You increased your sales by 42%. How much did your costs increase during that time?”
“What might you have done differently that could have improved them to 46%”
“Everyone makes mistakes. Tell me about a professional mistake you’ve made and what you learned from it.”
And I’ll ask detailed questions based upon their answers.
It is fascinating to read some job descriptions. They go on for pages and spell out in incredible detail what is being looked for. Then, following an interview, when I ask the candidate what was asked and what was explored, I hear about questions that don’t in any way relate to the position description. As a result the search goes on far longer than it need to with suitable consequences to all concerned.
Try to identify the four or five key points or experiences your new hire must have in order to stand a chance of being successful and then, ASK QUESTIONS TO DETERMINE THE SKILLS OF THE PEOPLE IN THOSE AREAS.
Communicate what you want to the search firms, recruiters or agencies you’re working with and how the requirements and your thinking evolve. Recruiters are incapable o mind reading. You’ve hired them to help you hire someone. Tell them what you want and they’ll find it for you more quickly than if they have to piece things out based upon the information you share when you reject someone (BTW, the person is never “too light.” Tell them where their skills or experience was deficient).
It seems peculiar for the programmer to reject the project manager for their management experience yet it happens all the time. It is also odd to have the programmer ask esoteric questions, interviewing by the seat of their pants. Insure tat everyone knows their role I the process and what they are there to evaluate.
If a person has only worked in temp jobs or as a consultant, it is probably not their fault that they have worked at a lot of companies. Sometimes, layoffs occurred. Sometimes, projects were abruptly cancelled.
Many times, though, if you investigate, you’ll find that the person plays the employee version of “My way or I take the highway.” As skilled as they are, you can’t fix them.
When you are about to extend an offer to someone, answer this question:
Why does this person fit my job better than anyone else I’ve met?
Compare your answer with your “Must have” list and your preferences.
The biggest mistake you can make is one you don’t fix. Putting your head in the ground and praying for a miracle will lead to both you and your employee being shown the door. Correct your mistakes quickly. Remember it is YOUR MISTAKE, not the employees. Arrange for a kind severance. Do not blame them or the search firm for your hiring misjudgment.
Jeff Altman
The Big Game Hunter
Concepts in Staffing
jeffaltman@cisny.com
© 2007 all rights reserved.
Jeff Altman, The Big Game Hunter, is Managing Director with Concepts in Staffing, a New York search firm, He has successfully assisted many corporations identify management leaders and staff in technology, accounting, finance, sales, marketing and other disciplines since 1971. He is a certified leader of the ManKind Project, a not for profit organization that assists men with life issues, and a practicing psychotherapist.
If you have a question that you would like me to answer, email it to me at: thebiggamehunter@gmail.com
To receive a daily digest of positions emailed to you, search for openings that The Big Game Hunter is working on, to use Jeff’s free meta job lead search engine, Job Search Universe, to learn about his VIP program, or to subscribe to Jeff’s free job hunting ezine, “Head Hunt Your Next Job, go to http://www.jeffaltman.com. Job Search Universe is also available at www.jobsearchuniverse.com To add your firm’s career page to “The Universe” email the url to jobsearchuniverse@gmail.com.
For Jeff’s free recruiting ezine, NaturalSelection Ezine, to help human resources professionals, managers and business owners make even better hiring decisions, ,subscribe at www.naturalselectionezine.com .
If you would like Jeff and his firm to assist you with hiring staff, or if you would like help with a strategic job change, send an email to him at jeffaltman@cisny.com (If you’re looking for a new position, include your resume).