pauken -- learning design -- june 3, 2010 1 job-hunting, learning design, and the law! patrick...

Pauken -- Learning Design -- June 3, 2010 1

Job-Hunting, Learning Design,

and the Law!Patrick Pauken, J.D., Ph.D.

Associate Professor

Bowling Green State University


Resume Stuff:Questions from Classmates Should I include references? If so, how many are

appropriate? Or, is it better to state references available upon request? If the resume is for the particular job, include references Three or four would suffice Make sure your references know they are listed and might be

called or emailed If it’s a general resume for all job applications, then I might not

include them Do you want ALL of your references to know about ALL of your

job applications? Whenever possible, get particularized letters

(I avoid “To Whom it May Concern” letters whenever possible)


Resume Stuff:Questions from Classmates Is the one-page standard really that important?

I’m OK with more than one page, as long as it’s readable and relevant

Does the listing ask for a resume or a “vita”?

How much work history should us “old” people include? Full-time employment, for sure Do not leave any years missing. BIG turn-off

What is the one thing, in your experience, that makes a resume stand out? Experience, Professionalism, Lack of mystery


Application Stuff: The Law If an employee or applicant feels he or she

has been harmed in some way as a result of an employment decision, where could the employee turn for help or redress? Constitutional law Federal statutory law State statutory law Local


Application Stuff: The Law (applicant help or redress) Constitutional Law (public employers only)

Equal protection e.g., race, national origin, sex

Due process e.g., Procedural requirements

Defend your conduct on First Amendment grounds Privacy

e.g., use of private info or contraband illegally obtained


Application Stuff: The Law (applicant help or redress) Federal Statutory Law

Title VII of the Civil Rights Act of 1964 Race, color, religion, sex, national origin Public and private employers

Title VI of the Civil Rights Act of 1964 Race, color, national origin Recipients of federal financial assistance

Title IX of the Educ. Amendments of 1972 Sex discrimination in educational programs Recipients of federal financial assistance

Americans with Disabilities Act Section 504 of the Rehabilitation Act Age Discrimination in Employment Act


Application Stuff: The Law (applicant help or redress) State Statutory Law

Statutes similar to those at federal law Non-renewal statutes (K-12 education) Termination statutes (K-12 education) Reduction-in-force statutes (K-12 education)

Local (current employees only) Employment contracts Collective bargaining Grievance procedures


Application Stuff: The Law How might the employer respond?

Other applicants more qualified Applicant failed to meet procedures (e.g.,

deadlines) Affirmative action plans Compelling, important, or rational governmental

interest (i.e., equal protection clause) Business necessity


Application Stuff: The Law (employer response)

How might the employer respond? Bona fide occupational qualification (BFOQ) Employer’s accommodation (of disability) would

cause undue hardship Reduction-in-force

Your contract is ending (nonrenewal of contract) Good cause (termination of contract)


Application Stuff:Question from Classmate Question from actual application: "If hired,

would you now or in the future require sponsorship to work for C&S Wholesale Grocers in the USA?" It is permissible to ask about an applicant’s legal

right to U.S. employment Not the same as national origin discrimination

May also ask about the languages you speak


Interview Stuff Note:

I’m not a career services professional.

I’m just a guy who’s gone through interviews on all sides: Got the job (wanted the job) Didn’t get the job (didn’t want the job anyway!) Chaired the search committee Served on MANY search committees (of multiple types)

Faculty, students, administrators, general counsel, BGSU President!


Interview Stuff: The Law Interviewers may ask the following:

Former employment Motivation to work Job stability Initiative and innovation Ability to work with others Self-evaluation


Interview Stuff:Questions from Classmates

Are employers allowed to ask about my family status (married, children, etc.)?

No.

Interpreted as a form of sex discrimination (Title VII of the Civil Rights Act)


Interview Stuff: The Law Sex

Cannot ask: Marital status Parental status Child care status

Can ask: If worked under another

name If able to get to work on

time and stay until dismissed

Race Cannot ask:

Arrest record Can ask:

Conviction record

National Origin Cannot ask:

Nationality Can ask:

Languages spoken Legal right to work in USA


Interview Stuff: The Law Religion

Cannot ask: Church attendance Religious attendance Belief in (school) prayer

Can ask: Limitations on days and

times one can work

Age Cannot ask:

Age or date of birth Can ask:

Dates of school attendance and graduation

Anticipated year of retirement


Interview Stuff: The Law Disability

Cannot ask: Nature or severity of physical, mental, emotional

disabilities Worker’s compensation claim history

Can ask: Ability to perform essential job requirements Ability to report to work consistently and on time


Interview Stuff Know yourself

Identify your skills Look at the learning outcomes of your program

Know your (potential) employer – study them! The “what” gets you the interview The “why” and “who” gets you the job

Know the job Cover ALL points of the job description in cover letters

Know the industry and the field Social, technological, economic, and political


Interview Stuff Be professional Be natural Have technical skills, adaptable skills, and transferable skills

Communication – oral and written Personality Be adaptable to new knowledge and processes

Be a life-long learner

Have fun; be energized Loyalty and progressiveness simultaneously Without going over the top (We’ll be able to tell if you’re trying too hard)


Interview Stuff:Questions from Classmates If employers are asking certain questions that you

know they aren’t allowed to be asking, how do you respectfully decline to answer without sounding like you are trying to hide something? Answer the question if you feel you can, and BRING THE

DISCUSSION BACK TO THE JOB DESCRIPTION; or Decline to answer by saying something like, “I assure you,

my personal life will never interfere with my fine job performance with you.”

Do not be immediately argumentative or confrontational


Interview Stuff:Questions from Classmates Certain times a starting salary isn’t given until after a first

interview. How do you answer the “salary requirements” question if you have no clue what a reasonable starting point would be? Often, the salary discussion does not begin until the job offer

(post-interview) If the move is lateral (or only a step or two up), and you feel

comfortable citing dollar amounts, go ahead If you have not done your homework in advance of the

interview, do not do it “on the spot” Personally, I would be mute or very general on the matter until

the employer talks specifics (don’t start negotiating until you get an offer)


Interview Stuff:Questions from Classmates Can an interviewee ask too many questions in an

interview? Oh yes!

Always have a couple questions. At the least, ask about the process and timeline from the

interview forward. It’s OK to be interviewing your employer – You are! But no need to have a ton. No need to have them written out with formality. Be conversational with questions. (No interrogations!)


Reference-Checking:Questions from Classmates What questions are asked when potential

employers verify previous employment? I ask questions that speak directly to the job

description (technical knowledge and skill) Communication (oral and written) Organization People skills The traditional “strengths” and “weaknesses”

question


Reference-Checking:Questions from Classmates

What are the legal vs. illegal questions previous employers are asked? Same as before with the potential employers

PLUS Privacy matters Defamation, falsity Contract violation at the current employer?


High Tech Job-Hunts Your potential employers will “Google” you!

Keep it clean and professional Websites Blogs Social networking (MySpace, Facebook) Professional networking (Linked In) Others (letters to the editor, “second lives”, etc.)

Two “Patrick Pauken” attorneys in Ohio. Turns out, I bill hours in Cleveland!


High Tech Interviewing: Telephone Prepare like it’s face to face (I’d wear a tie – I’m wearing one now!) Make sure you know who’s doing the calling – in advance Feel free to ask for a list of people who will be on the other end Have materials nearby for reference Charge your cell phone Use a landline if cell phone is unreliable Don’t use a speaker phone if it’s going to sound like a speaker

phone (i.e., don’t sound distant) Don’t try harder to be memorable just because you’re on the phone Whatever you do – don’t talk more than you would normally in an

interview, in an effort to make yourself more “present” Be natural


High Tech Interviewing: Skype/Video Prepare like it’s face to face, because it is face to face Have materials nearby for reference, but no more “on screen” than

you would have with you for a traditional face to face As long as the technology is working, there’s no need to shout (i.e.,

don’t sound distant) Don’t try harder to be memorable just because you’re on video Keep distractions in another ZIP Code Whatever you do – sit in front of a background you’d want to see in

a magazine I’d sit in front of a shelf with old-fashioned law books!

Practice with a buddy in advance Be natural


Patrick Pauken: [email protected]

Also go to the BGSU Career Center: www.hire.bgsu.edu


GOOD LUCK

AND

HAVE FUN!!

pauken -- learning design -- june 3, 2010 1 job-hunting, learning design, and the law! patrick...

Documents

law applicant

learning design

resume stuff

federal statutory law

application stuff

employment act slide

possible slide

patrick pauken