Review of EBP methods for lawful interviews.

1. Evidence-Based Management
Interview Practices
Mark Ambler, RN, BSN, MBA, CCRN
Nurse Manager, ICU
OSU Medical Center
July 27, 2007

2. Evidence-Based Management
• Based on Education (Thomas & Pring)
and Medical models (Sackett)
• Decisions based on behavioral
scientific evidence
• Hypothetical due to limited use
Jeffery Pfeffer & Robert I. Sutton

4. “No problem can be
solved from the same
level of thinking that
created it.”
- Albert Einstein

5. Poor Interview Practice
In 2004 it was calculated that the U.S. spent
$105 billion a year on poor people
management.

6. Interview Goal
Two-fold goal of hiring:
• Hire the right person
• Avoid a lawsuit by preventative
measures Text

7. Interview Goal
Two-fold goal of hiring:
• Hire the right person
• Avoid a lawsuit by preventative
measures Text
To accomplish these goals
Educate
Educate
Educate

8. Legality of Management
Managers need a strong background in
Human Resources and at minimum
knowledge about Title VII of the Civil Rights
Act to prevent a lawsuit or to defend your
actions in court

9. Legality of Management
Managers need a strong background in
Human Resources and at minimum
knowledge about Title VII of the Civil Rights
Act to prevent a lawsuit or to defend your
actions in court

10. Best Practices
Two-way communication
Be consistently consistent
• Must use the same questions for every
candidate
• Must ask all of the same questions

11. Best Practices
Retain Accurate Notes
• Plaintiffs have up to two years to file a
lawsuit
If protected class information is brought up
by the candidate
• Inform her that it is irrelevant in the
hiring process and will not be a factor

12. Protected Classes
During an interview a manager should not
inquire or discuss protected characteristics
such as

13. Protected Classes
During an interview a manager should not
inquire or discuss protected characteristics
such as
Physical disabilities
Pregnancy
Family matters
Religion
Age
Arrest records
Race
Citizenship status
Financial status
Memberships to clubs or organizations
Sexual orientation

14. Disability Questions
If you are concerned about a person’s
ability to perform the job, you can ask about
needed accommodations – but you cannot
base your decision for hiring on the answer

15. Disability Questions
If you are concerned about a person’s
ability to perform the job, you can ask about
needed accommodations – but you cannot
base your decision for hiring on the answer

16. Laws of Management

17. Laws of Management
• Title VII of the Civil Rights Act of 1964 & 1991
• Age Discrimination in Employment Act of 1967
• Pregnancy Discrimination Act of 1978
• Immigration Reform & Control Act of 1986
• Americans with Disabilities Act of 1990
• Fair Labor Standards Act of 1938
• Negligent Hiring & Retention Claim
• At-Will Employment

18. Title VII of the Civil Rights Act of
1964 & 1991
Prohibits discrimination based on race,
color, religion, sex and national origin

19. Age Discrimination in Employment
Act of 1967
Prohibits discrimination of eligible persons
age 40 years or older

20. 14

21. Andrews v. City of Cookeville
14

22. Pregnancy Discrimination Act of
1978
Prohibits discrimination on the basis of
pregnancy, childbirth or related medical
conditions; women affected by pregnancy or
related conditions must be treated in the
same manner as other applicants or
employees with similar abilities or limitations

23. 16

24. Wagner v. Dillard Department Stores
16

25. Immigration Reform & Control Act
of 1986
Employers may hire only persons who may
legally work in the U.S.
The employer must verify the identity and
employment eligibility of anyone to be hired

26. Americans with Disabilities Act of
1990
Prohibits discrimination on the basis of
disability

27. Fair Labor Standards Act of 1938
Set of standards administered by the Wage
and Hour Division that stipulate the basic
minimum wage and overtime pay

28. Negligent Hiring & Retention Claim
Employers have the duty to hire employees
who will not harm other employees or
customers

30. Doe v. First Presbyterian Church

31. At-Will Employment
Employment relationship can be terminated
by either party without liability

32. At-Will Employment
Employment relationship can be terminated
by either party without liability
Practice the “Law of the Street”

34. Matthew Reasoner v. Bill Woeste Chevrolet

35. Questioning Techniques
Frequently what you do or say during and
interview is used litigiously.
Nurses are professionals, so treat them as
such.

36. Questioning Techniques
The best interview is well choreographed
with segues between topic transitions.
The interview should be conducted in
business like manner.

37. Questioning Technique
Use behavioral and performance based
open-ended questions and listen to the
response.
“Listen for silences and what people don’t
say. And always ask if the former employer
would be willing to hire the person again.”
Wang (2004)

38. Notes About Notes
Tell the candidate that you will be taking
notes during this process.
When taking notes do so on a pre-designed
form or separate piece of paper.

39. Legal Rule of Thumb
Avoid breach of implied or express contract
Don’t make promises
If it is not germane to the job
Don’t ask it

40. Interviewing Tips
Tailor questions to unit Keep the interview
needs conversational - be willing
Balance positive and to rearrange question order
negative questions Follow the 80/20 rule -
Avoid leading questions interviewee speaks 80% of
the time, interviewer 20%
Explain use of behavioral-
style questions Use short supplemental
questions to hone in on
candidate knowledge,
actions, and motivations
Take notes
Reproduced with permission from The Advisory Board, Nursing Executive Center,
Washington, DC © 2004

42. CAUTION

43. Bankruptcy
You may ask only if financial information
is job related.
Military Service
Unless the information about discharge
from the service is job related, you should
avoid asking questions.

44. Medical History
The ADA prohibits employment decisions
based on medical history.
Employee Off-Duty Activities
Do not “thrust yourself into the private
affairs of others”.

45. Union Activity
Federal law protects potential employees
from discrimination related to their union
support or nonsupport.
Religion
You may not initiate a conversation about
religion unless it is job related.

46. Marital Status
You should not initiate conversations
about spouses or children.

47. Generational Gaps
The interview should be tailored to the individual
generational needs
• Baby Boomers
• Generation X
• Nexters
Emphasize the Team
“People need to work with you because the days
when they worked for you are gone”
Julia K. Garrison
NTI 2007

48. Myth Buster
Do not rely on interview myths like eye
positioning and body language.
Analogies may present problems - previous
candidate reactions may not be of benefit with
this interview.
Listen to the answers:
What is known about the situation What are the likenesses to past events
What is unclear What are the differences
What is presumed

50. QUESTIONS

51. • Why are you interested in working for
us?
• What are your strongest skills? What
skills would you like to improve upon?
• Describe the characteristics of an
excellent nurse.

52. • Describe your most significant (team,
individual, job-specific)
accomplishment.
• Tell me about a time that you were
given criticism. How did you handle
it?

53. • What do you do to cope with stress?
Have these techniques ever failed?
• One major challenge we are facing is
(describe) how would you resolve it?
• Tell me about a time you had a
conflict with a coworker or boss.

54. • Give an example of a time you
provide superior customer service.
• What can we do to treat you well and
allow you to do your best job?
• We have several excellent
candidates; tell me why we should
hire you.

55. The Real Work Begins
If a position is offered you must work to retain your
investment.
As the manager you are the champion of retention. You
must act as the coach, mentor, and trainer to your staff.
They will look to you for guidance.
You must hone your skills as a manager to retain the
best - this is achieved by using Best Practices.

57. EBM

58. Evidence-Based Management

59. Evidence-Based Management
• Question why
• Use Best Practices
• Review relevant literature
• Question why, again

60. Stelter Method
Focus of Review
Identifying the purpose and focus of the literature review
Validation
Validate the research and data as applicable and relevant to
management
Comparative Evaluation
Review similar research studies and evaluate parallels and
feasibility of using the research in practice using the 3 Rs:
potential Risk, Resources needed, and Readiness of the
participants

61. Stelter Method
Decision Making
Participants have the option to make the decision to use the
findings, consider use, delay use, or reject the findings
Translation / Application
Participants will decide the best way to apply the newly found
process
Evaluation
Determine the impact of the newly formed practice or policy on
the strategic goals of the organization

63. “Previous practice does
not guarantee future
success.”
- Mark Ambler

64. Web Sites
The U.S. Department of Labor
www.dol.gov
Workforce
www.workforce.com
The Advisory Board
www.advisory.com