Current through Rules and Regulations filed through March 20, 2024
(1)
Introduction:
This Rule provides a framework to support effective hiring and
compliance with applicable employment laws and state wide policies. Each agency
is responsible for developing and maintaining its own procedures for
recruitment and selection that adhere to the general requirements of this
Rule.
(2)
Applicability:
The provisions of this Rule apply when filling any vacant
position within an agency covered by the Rules of the State Personnel
Board.
(3)
Definitions:
For the purposes of this Rule, the following terms and
definitions apply in addition to those in Rule
478-1-.02, Terms and
Definitions:
(a) "Adverse
impact" means a substantially disproportionate rate of selection in hiring,
promotion, or other employment decision of individuals of a particular race,
color, religion, sex, or national origin.
(b) "Background check" means third-party
verification of background information including credit history checks,
criminal history checks, and driving history checks. "Background report" is the
actual report resulting from a background check.
(c) "Business necessity" means a requirement
that justifies an employment practice as necessary for effective, safe, or
efficient operations.
(d)
"Job-related" means necessary for successful performance of a job.
(e) "Sensitive government position" means a
position for which the law prohibits the employment of individuals with certain
criminal convictions or for which the agency head has pre-determined that
certain criminal history would be an immediate disqualification from
employment.
(f) "Social Media"
means all methods of communication or posting information or content of any
sort on the Internet or intranet, including to one's own or someone else's web
log or blog, personal web site, social networking or affinity web site, web
bulletin board or a chat room, as well as any other form of electronic
communication.
(g) "Vacancy" means
a position that is unoccupied, or soon-to-be unoccupied, or in the case of a
position with multiple part-time staff, that which is not fully occupied.
(4)
Filling a
Vacancy:
(a) Agencies have the
following options for filling a vacancy:
1.
Through the promotion, transfer, or demotion of a qualified employee;
2. Through the competitive selection of a
qualified individual; or,
3.
Through direct appointment of a qualified individual, as authorized within
agency policy.
(b)
Agencies may fill a vacancy that is currently fully occupied (i.e.,
double-encumber a position) for a period of time determined reasonable by the
agency to allow for the current occupant to provide needed instruction to the
incoming successor.
(5)
Recruiting:
(a) Agencies have the
authority to determine the scope of their recruitment activities. Any
limitations that are imposed on an application process, such as accepting
applications only from current State employees or agency employees, must be
non-discriminatory and business-related.
(b) Agencies will refrain from requesting
applicants to disclose criminal conviction information on applications for
positions that are not designated by the agency head as "sensitive government
positions." Applications for positions designated as "sensitive government
positions" may continue to request criminal conviction information from
applicants.
(c) Agencies may
establish and include preferred qualifications on vacancy announcements to
facilitate the goal of obtaining well-qualified applicants. Any preferred
qualification must be job-related.
(6)
Screening:
(a) Criteria used to screen applicants must
be job-related. Examples of screening criteria include, but are not limited to:
interview questions, skills or knowledge examinations, reference checks,
background checks, etc.
(b) If an
agency identifies screening criteria as having an adverse impact on a protected
class, the agency must determine whether there is a reasonable and effective
alternative that would reduce the adverse impact. If such alternative is not
available, the agency may continue to use the screening criteria only if it is
both job-related and consistent with business necessity.
(c) Prior to hire, agencies are responsible
for checking references and sufficiently verifying suitability for hire
including, but not limited to, the experience, education, and/or other
credentials that contributed to an individual meeting position
qualifications.
(d) Criminal
history checks and credit history checks may be conducted only on individuals
who have been selected for hire.
(e) Applicants cannot be required to undergo
any pre-employment physical or medical examination or drug testing until after
they have received a conditional offer of employment.
(f) Agencies are to give appropriate
consideration to individuals eligible for veterans' preference as defined in
Rule
478-1-.18, Veterans'
Preference.
(7)
Background Checks:
(a) Each
agency is to assess its positions to determine those subject to a criminal
history check.
(b) Applicants for
positions not designated as "sensitive government
positions" will not be asked to disclose any criminal history before the
interview component of a hiring process.
(c) Before accessing criminal history or
seeking a background report from a third party (including the Georgia Crime
Information Center), agencies will obtain written consent from the applicant
and provide notice that the background information might be used for employment
decisions.
1. The notice must be a
stand-alone form separate from the job application.
2. If an agency seeks to obtain an
"investigative report" involving interviews about an applicant's character,
reputation, personal characteristics, or lifestyle, the agency must also notify
the applicant of the right to a description of the nature and scope of the
investigation.
(d) Upon
receiving criminal history or other background information that would prevent
employment, agencies are to give the applicant:
1. Notice that information from the
background report may prevent employment;
2. A copy of the background report;
and,
3. A copy of "A Summary of
Your Rights Under the Fair Credit Reporting Act."
(e) Agencies are to provide an opportunity to
discuss any inaccuracies, content, and relevance of a criminal history record
before making an employment decision.
(f) Agencies may also provide a similar
opportunity for an individualized assessment before denying employment due to
other background information.
(g)
If it is determined that employment will be denied based on a background report
provided by a third party, the agency will inform the applicant that employment
was denied because of the report. The notice will also include:
1. The name, address, and phone number of the
company that compiled the report;
2. A statement that the company providing the
report did not make the hiring decision and cannot provide the specific reasons
for the decision; and,
3. Notice
that the applicant has the right to dispute the accuracy or completeness of the
report and request an additional report within 60 days without cost to the
applicant.
(h) When
using background information to make employment decisions, agencies will use
the information to make objective determinations about suitability for
employment in a position, without regard to race, color, national origin,
religion, age, disability, sex, genetic information, political affiliation,
protected uniformed service, or other legally protected category.
(i) If background checks disproportionately
exclude applicants of a particular race, national origin, or other protected
category from a particular job, the agency must ensure the criteria used to
deny the employment are job-related and consistent with business
necessity.
(8)
Social Media:
(a) Agencies that
use social media as part of their hiring process should have written policies
and procedures in place to support compliance with applicable equal employment
opportunity laws.
(b) An agency
that uses social media during the hiring process should disclose to potential
applicants, in a manner determined appropriate by the agency, that information
found on publicly posted social media accounts may be examined.
(9)
Selection:
(a) The State will not unlawfully consider an
applicant's race, color, national origin, religion, age, disability, sex,
genetic information, political affiliation, protected uniformed service, or
other legally protected category when making selections.
(b) Any applicants selected for hire must
meet the established minimum entry qualifications for the positions, including
any required license or certification, no later than the first date of
employment in the position.
(10)
Post-Offer Requirements:
(a) Agencies are to ensure the timely
completion of the Employment Eligibility Verification Form I-9 and E-Verify
process for all hires and transfers between agencies.
(b) Agencies are to ensure all hires and
transfers are reported to the Georgia New Hire Reporting Program.
(c) Agencies are to confirm each male hire
between the ages of 18 and 26 years of age is registered with the Selective
Service System or is exempt from registration.
(d) As a condition of employment, hires and
transfers must comply with the requirements of the Medical and Physical
Examination Program (MAPEP) to certify they can meet the requirements of the
position, with or without reasonable accommodation. (See State Personnel Board
MAPEP Rules Section
478-4.)
(e) Agencies are to comply with additional
post-offer employment eligibility requirements that certain State positions may
have, such as pre-employment drug testing, in accordance with applicable law,
regulation, or policy.
(11)
Recordkeeping Requirements:
(a) All records related to recruiting,
screening, and hiring should be retained in compliance with the State Records
Retention Schedule. Such records may include, but are not limited to:
1. Vacancy advertisements and
announcements;
2. All materials
submitted by applicants for consideration (applications, resumes,
etc.);
3. References;
4. Testing materials;
5. Interview notes and/or records;
and,
6. Background
reports.
(b) When an
agency becomes aware of an allegation of discrimination, harassment, or
retaliation made by an applicant or an employee, all relevant records must be
retained during the investigation and as required by law after the conclusion
of the investigation.
O.C.G.A. §§
45-20-3, 45-20-3.1, 45-20-4.