XYZ ACADEMY

FAIR AND OPEN HIRING PROCESS

PURPOSE
Employment is a shared responsibility at XYZ Academy Charter School. The Human Resource
Specialist, the Executive Directors, the Personnel Committee, and the XYZ Academy Charter
School Board will work cooperatively together throughout the entire employment process.
XYZ Academy Charter School will employ or contract with necessary teachers, as defined by
Minnesota Statute section 125.03122A.15, subdivision 1, who hold valid licenses to perform the
particular service for which they are employed in the school. The school will employ necessary
employees who are not required to hold teaching licenses to perform duties other than teaching
and may contract for other services, as needed.

OPEN POSITION
An open position results from an approved budgeted addition to staff or an approved budgeted
replacement for an employee who has either left XYZ Charter School or has transferred into
another position within XYZ Charter School.

SOURCING
Sourcing is the process used to identify potential job candidates. The Human Resource Specialist
will source qualified individuals. Administration and the Human Resource Specialist may
determine where the best potential candidates can be identified. Sourcing efforts will include:
Internal XYZ Charter School employees, volunteers, and other individuals affiliated with XYZ
Charter School. Sourcing efforts may include, but are not necessarily limited to, the following:
● Posting an announcement listing current, approved position openings.
● Listing the job opening on the website.
● External candidates. Sourcing efforts may include, but are not necessarily limited to, the
following:
● Encouragement of employee referrals from current employees, volunteers, parents, and
other individuals affiliated with XYZ.
● Previous applicants’ file.
● List the open positions on MACS and other charter school-related orXYZnizations.
● College placement services at both public and private educational institutions.
● Internet help-wanted advertising domains.
● Participation at Career and Job Fairs.

DEFINITION OF AN APPLICANT
An applicant is a person who meets one or more of the following definitions:

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All current employees, volunteers, or other individuals affiliated with XYZ Charter School who
submit an electronic or hard copy application including resume; educational experience; work
experience; certificates and licenses (when appropriate); and references for a current, approved
open position.
A Candidate submits an electronic or hard copy application including resume; educational
experience; work experience; certificates and licenses (when appropriate); and references for a
current, approved open position.

INTERVIEWING
All applicants must sign a waiver acknowledging that their employment data is being disclosed
to the hiring team.
It is the shared responsibility of the Human Resource Specialist and Position Supervisor to
screen qualified applicants. In general, applicants will be initially screened by phone. The Hiring
Team will make the final selection from the most qualified applicants. The Hiring Team will
consist of at least two individuals from the following: Administration, Human Resource
Specialist, Teaching Representative(s). Everyone involved in the interviewing process should
ensure that interviews occur XYZsed on the schedule and that all interviewees are treated
courteously. Interview team members should commit to attending the interviews for all final
candidates for a position.

INTERVIEWING EXCEPTIONS FOR SUBSTITUTE POOL

Candidates for the XYZ Charter substitute teacher pool may not be required to complete the
entire interviewing process. Candidates may be selected for addition to the substitute pool
through a streamlined process provided they meet the following requirements:
● Completed online application.
● Phone screen by the Human Resource Specialist or designated Human Resource
representative.
● Reference check and license verification (if applicable.)
● Completed background check on file before start date.
● Applicant interview expenses are the sole responsibility of the applicant.

SELECTION
Selection of the most qualified candidate for a position is based primarily on job-related criteria.
All members of the final, expanded interview team will have one vote in the final selection.
Other factors that must be considered as a contingency of an employment offer include:
● As required by certain positions, such as teaching positions, current and valid Minnesota
Teaching licensure, or ability to obtain such licensure.
● Acceptable results of a Criminal background Check.
● As required by certain positions, such as School Bus Driver, acceptable results of Drug
Testing and Physical Exam.
● XYZ Charter School’s ability to make specific accommodations to employ a person with
disability-related work restrictions.

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 ● Acceptable results of reference checks.
● As required by certain positions, verification of education and teaching experience.

VOTING
Interview team members must commit to attending all the interviews for all final candidates for a
position.
Interview team members that have a conflict of interest (conflict of interest for interviewing is
defined as a relationship or nexus that may affect or appear to affect the design, conduct or
outcome of the interview), shall disclose this conflict prior to the interview process and may
participate in the discussion reXYZrding the applicant, but may be requested to leave the room
when a conflict of interest exists. Voting rights shall be relinquished if a conflict of interest
exists. Whenever possible, team members are discouraged from the interview team if a known
conflict of interest exists.

OFFER PROCESS
The Hiring Team should conclude if an employment offer should be extended to an applicant.
The Human Resource Specialist will provide the agreed-upon applicant with a contingent offer
of employment.
1. Contingent Offer of Employment
All offers of employment must be extended to the final candidate as Contingent Offers of
Employment.
2. Offer Contingencies
● Offers of employment may be extended, pending acceptable results of the following
contingencies:
● As required by certain positions, such as a teaching position, current and valid Minnesota
Teacher licensure.
● Acceptable results of Criminal background Checking.
● As required by certain positions, such as School Bus Driver, acceptable results of Drug
Testing and Physical Exam.
● XYZ Charter School’s ability to make specific accommodations to employ a person with
disability-related work restrictions.
● Acceptable results of reference checks.
● As required by certain positions, verification of education and teaching experience.
● Final approval by the Personnel Committee and by the XYZ Charter School Board.

3. Final Offer of Employment

A Final Offer of Employment should be extended to the candidate as an Offer Letter. The Offer
Letter supersedes any oral promises made by anyone except the signatory of the letter. A Human
Resource Representative may contact the applicant and read the Offer Letter to the candidate, or
the Offer Letter may be sent by mail or email.

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The candidate should be given an appropriate length of time (approximately 3 business days,
depending on circumstances) to either accept or decline the Final Offer of Employment. The
candidate, after receiving the Offer Letter, must accept or decline the position in writing to the
Human Resource Specialist.

AT-WILL EMPLOYMENT
Based on the employment definition, either the employee or the school may terminate the
employment relationship at any time, with or without cause and with or without notice.

EMPLOYMENT STANDARDS
XYZ Charter School will only employ persons of leXYZlly employable age, per Minnesota State
Law employment guidelines.
XYZ Charter School will only utilize job-related Contingency Employment Standards in the
recruitment and selection of candidates for employment. For example, XYZ Charter School will
not enXYZge in any of the following activities:
Obtain a Consumer Credit Report on an applicant without first disclosing to the applicant that a
Consumer Credit Report will be requested reXYZrding the applicant’s credit history. XYZ will
explain to the applicant the job-related nature of the request.

Use Polygraph Tests as a selection tool in the employment process.

Use Drug Testing, Physical Exams, or other related tests, except for certain designated and
required positions, such as School Bus Driver.

JOB EVALUATION GUIDE

Job evaluation is the process used to properly classify a position in terms of an appropriate title,
appropriate job description, salary, and status. XYZ Charter School evaluates positions based on
the actual job duties and responsibilities performed. If there is no match within existing titles, a
new title and description will be developed. XYZ Charter School will routinely evaluate
positions and the correlating job description.
A job evaluation may be initiated if any of the following occurs:
● An employee's level of responsibility and decision-making authority has increased.
● Significant changes in the duties associated with the position have occurred.
● Restructuring and job evaluation has occurred.
● Needs and initiatives necessitate staffing changes.
● A reduction in workforce is planned.
● XYZ Charter School Administration initiates job evaluation requests.
When requesting a job evaluation, the following may be required:
● Examples of independent decisions this position might be expected to make.

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 ● Specific skills, technical and/or creative expertise needed for a person to be fully
functional in this position (i.e., experience in computer maintenance, experience
counseling students, etc.).
● Significant changes which have occurred in the position duties and level of responsibility
over the past six months to one year, including any anticipated changes in the duties and
responsibilities of the position.
● The minimum qualifications a candidate must possess upon hire to adequately perform
the duties of this position (specifically related to the job duties). Desired skills,
experience, training, or education may be added.
● When appropriate, information reXYZrding any external factors (e.g., market conditions
and retention/turnover figures) is helpful.
● Comments reflecting which job titles and/or individual positions are perceived to most
closely compare to the position being reviewed and which titles/positions are perceived to
be above/just below the level of the position being reviewed.
● The minimum supervisory responsibilities that are associated with the position and the
minimum qualifications that are required to hold a supervisory position.
● Nature/types/levels of internal and external contacts and the purpose for those contacts.
(Note: Exclude individuals to whom the position reports and individuals that are
subordinate to the position.)
● The perspective of how the position fits into the orXYZnizational structure of the unit.
● Other positions in the unit, which might be impacted by a change in this position title.
The following outcomes are possible:
● Retaining the position's present classification.
● Reclassifying the position to a different title and/or pay range .
● Reclassification may occur for the following reasons;
● The nature, difficulty, authority, and/or responsibility of the work has changed.
● Supervisory controls over the work and/or qualification requirements of the work have
been modified.
● A position’s compensation is related to the level of duties performed. If higher-level
duties are assigned as a result of the restructuring, or if duties and responsibilities
decrease, compensation should be reevaluated.

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Here are some Q & A based fair and open hiring process summarized in a table:

Question: Answer:
What is a fair A fair selection process consists of judging people on their ability to do
selection process? the job, not on the basis of one’s race, color, sex, age, national origin,
religion, genetic information, disability, or EEO activity.
Why is a fair selection A fair selection process is important because it contributes to a business’
process important? bottom line by adding credibility to the selecting official’s decisions.
Selection decisions are among the most cited EEO complaints. Commonly,
complainants allege that they were not selected on the basis of their race,
color, sex, age, national origin, religion, genetic information, disability, or
EEO activity not because they were incapable of doing the job. A fair
selection process also improves the XYZ Academy’s brand as an equitable
employer.
What law(s) are violated by The laws violated by an unfair selection process are:
an unfair selection process? ● Title VII of the Civil Rights Act of 1964 (Title VII), prohibits
discrimination on the basis of race, color, religion, sex,
national origin, or retaliation for participation in EEO activity.
● The Pregnancy Discrimination Act, which amended Title VII
prohibits discrimination on the basis of pregnancy, childbirth, or
a medical condition related to pregnancy or childbirth.
● The Equal Pay Act of 1963, which makes it illeXYZl to pay
different wages to men and women if they perform equal work
in the same workplace. The act also protects employees from
retaliation for participation in EEO activity.
● Sections 501 and 505 of the Rehabilitation Act of 1973,
prohibits discrimination on the basis of disability in the
Federal Government. The act also protects employees from
retaliation for participation in EEO activity.
● The Age Discrimination in Employment Act of 1967(ADEA),
prohibits discrimination on the basis of age, 40 years or older.
The act also protects employees from retaliation for
participation in EEO activity.
● The Genetic Information Nondiscrimination Act of 2008 (GINA),
prohibits the improper use of genetic information in health
insurance and employment; XYZrs employers from using
individuals’ genetic information when making a hiring, firing, job
placement, or promotion decision.
How does one ensure that One ensures that a selection process is fair by creating a structured
a selection process is fair? interview process that reduces the likelihood of bias and increases
objectivity. The greater amount of objectivity that is built into the
interview process the higher the likelihood that an agency can demonstrate
that its selection process was fair. Using objective and consistent
evaluation methods promotes impartiality and neutrality.
What happens when an When an agency is unable to produce interview notes during the course of
agency is unable to an EEO complaint, a judge can draw an adverse inference and issue
produce interview notes sanctions. Interview notes have proven so pivotal to an agency’s case in
in the course of an EEO rebutting a claim of unfair selection that agencies have been forced to
complaint? settle due to their inability to produce them.
What is a common A common fatal violation of a fair selection process is failing to retain
mistake that can keep an selection records. Failing to retain interview notes has proven fatal to an
agency’s agency’s argument when responding to alleXYZtions of discriminatory.

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 selection process An agency is unable to prove that it did not select the complainant for a
from being fair? discriminatory reason.
What law is violated by Failure to retain selection records violates 29 C.F.R.
failing to retain selection §1602.14. The hiring official should maintain all interview notes and
records such as interview documents related to the application and selection process in a secure,
notes? centralized location for two years, or until a case has been closed in the
event of a challenge to the selection decision, whichever is later.
What documents Selection documents include, but are not limited to:
constitute selection ● Vacancy Announcement (internal and external
documents and therefore recruitment, if applicable)
need to be retained for ● Position Description;
two years? ● Application materials submitted by the top-rated
candidates;
● Rating plan;
● Interview questions;
● Interview matrix;
● Referral list;
● Ranking matrix;
● Selection memorandum; and
● All notes provided by panelists (if a panel was used).
What course of action An employee or applicant who believes that he or she has been made
should a victim of unfair the target of unfair selection should report the behavior as soon as
selection take? possible to a managing official.
An employee or applicant may initiate the administrative inquiry
process by contacting a supervisor who will conduct an
investiXYZtion intended to XYZther information to determine what
action, if any, should be taken. This information is not intended for
leXYZl or criminal prosecution.
If the employee or applicant feels comfortable contacting the harasser,
he or she should inform the harasser that the conduct is unwelcome and
must stop immediately.
Employees and applicants should also maintain a record of relevant
events and communications between all parties involved in the event
another incident arises and further action is needed.
Is an employee who Yes, XYZ Academy is committed to promoting and maintaining a work
brings an unfair selection environment free from discrimination and retaliation. Reprisal for
claim protected from participation in the EEO process is prohibited. If an employee wishes to
retaliation file an EEO complaint or reprisal, he or she may contact the MN
Department of Human Rights office by calling 1-833-454-0148.

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