Recruitment, Selection, and Retention
Recruitment and selection items usually turn on what may be asked, when it may be asked, and how selection decisions are validated.
Build from job analysis. A current job description that identifies essential functions supports accommodation, exempt classification, and defensible selection criteria. Interview questions must be job-related; FEHA restricts inquiries into disability, medical history, workers' compensation claims, and family status, and limits arrest-record questions. The Fair Chance Act requires that criminal history be considered only after a conditional offer, with an individualized assessment and at least five business days for the candidate to respond.
California bars salary-history inquiries (Labor Code 432.3) and requires pay scales in postings for employers with 15 or more employees. Background checks fall under ICRAA and the FCRA: separate disclosure, written authorization, and a pre-adverse-action notice. Credit checks are limited to positions that justify them, and drug testing generally follows a conditional offer.
For validation, the Uniform Guidelines' four-fifths rule is the quick screen: if a protected group's selection rate is under 80 percent of the highest group's rate, adverse impact is indicated.
Onboarding compliance includes Form I-9 within three business days, the Labor Code 2810.5 wage notice at hire, and required policy acknowledgments. Retention improves with structured onboarding, stay interviews, and career pathing.
Trap: offer letters that promise 'permanent' employment or guaranteed progressive discipline, undermining at-will status.
Worked example: 60 of 100 non-protected applicants and 45 of 100 protected applicants are hired. 45 / 60 = 0.75, below 0.80 - treat as adverse impact and re-examine the selection criterion.