The hiring process for new employees can be a daunting task, and if not done properly, it may result in legal ramifications for the employer. Follow these 9 actions steps when creating an employee application form and succeed in your business today!Sign Up to Watch
- Hello, and welcome, we are so glad that you have joined us here today on this incredible day for our training. I'm joined here by the Small Business Administration Entrepreneur of the Year, Clay. How are you doing today, sir? - I am doing very, very well. We are headed into the Memorial Day weekend. - Yes. - Excited to be here with the Thrivers talking about a subject that I frankly feel like a lot of people have questions about. - [Jose] Yeah. - We're getting a lot of questions from Thrivers wanting to know the dos and the don'ts of employee application forms. So, let's hop into it, we have a template we're gonna make available for all the Thrivers that you can use, but we're gonna get into the specifics, I'm excited. - All right, so before I let you deep dive into what we're talking about, let me read the nine don'ts. - Okay. - I'm gonna set 'em up, so you guys know what we're talking about and then we're gonna break 'em down one by one. That's kind of weird, don't number one. - [Clay] Yeah, don't number one. - Don't number one, don't racially discriminate. Don't number two, don't discriminate in terms of skin or color pigmentation. Don't number three, don't discriminate based upon religion. Number four, don't discriminate based upon gender. Number five, don't discriminate based upon sexual orientation or gender identity. Don't number six, don't discriminate based upon national origin. Don't number seven, don't discriminate based upon age. Don't number eight, don't discriminate based upon disability. And finally, don't number nine, create a job advertisement that breaks any of the previously discussed rules, Clay. - Yeah, well I tell you what, that's a mouthful but, I want to give you a little excerpt, because this is available on the U.S. Equal Opportunity Commission site, you can read this, I'm gonna give this to you, okay? - [Jose] Excellent. - Says the laws enforced by the EEOC prohibit an employer or other covered entity from using neutral employment policies and practices that have a disproportionately negative effect on the blah, blah, blah, blah, blah, we'll put it up on the screen, badabadbopbop, the point is, we're gonna get real now about what you can't do. Because that's, this is the deal where we had a few Thrivers who got themselves in trouble and I want to be real. - [Jose] Uh-oh, uh-oh. - So I want to get into it, okay? So don't racially discriminate. What you can't do is you can't walk in and go, I have a problem with white people, so, all the white people, if we could have you sit over here and then, you know, the white guy's like well, I actually, I'm not actually technically white, I actually have a little bit of Italian. The way you spoke confirms you're white, get over here. - You can use me as an example. - You know what I'm saying though? - I speak Spanish. - Yeah, but I mean, you can't do that. - Yeah. - And I'm just saying, I see it a lot. - Yeah. - And people who are watching going, what do you mean? There is actually a reverse racism that happens too. - [Jose] Really? - Where you have a say, a Hispanic owned business where they go we're so tired of being discriminated against that now we've made it basically hard for a white person to work here. Or businesses where white people are-- It's just any kind of race, it doesn't matter, it doesn't matter, but you cannot, do not, do that. Okay, just don't do it. The second is, you can't discriminate in terms of skin color or pigmentation because what happens is, a lot of times, is people in their mind have a thing called a prejudice. - [Jose] Correct. - And what happens is with a prejudice, is you assume those people, as an example, over the years, we've worked with a lot of couples that are from India in our wedding businesses. From India. And people from India typically have a two day wedding, in the traditional sense. - [Jose] Really? - Well it's like a big festival, it's like two weddings worth of work, you know what I'm saying? Where their wedding, a typical Caucasian wedding, okay, is a very short occasion, it might be six or seven hours, where the wedding from a couple from India they've got the-- What's the kind of tattoo they do, what's that's kind of-- - [Jose] I know what you're talking about, I don't know. - It's a temporary tattoo, I can't remember, they're gonna put it on the screen. They'll save me here. But we'll put it on the screen. But the thing is, is that they'll get the tattoo done, the temporary tattoos. They have these beautiful gowns. It's a festival, multiple course meal. So, if you're not careful when you think of Indian weddings, if you work in our office, you're thinking, okay, this is how it's gonna be. And if you're not careful, you'll just quote the person the price based on the extra hours needed to do a two-day event but if you talk to them, you could find out they're very Americanized and they don't do anything that aligns culturally with what's tradition. - [Jose] Wow. - And they actually, all they have that sounds Indian anymore is the voice, the way they sound. - [Jose] Their accent, yeah. - Or the skin color. So, just don't discriminate. The third is you don't discriminate based on religion. Now that's tough because, and I could fight with some people about this, but I think, if you want to get in your front desk and you want to pray, you want to pray at work and you're like, I really want to pray and then somebody else next you is like sitting kinda perching, not really sitting, but perching. You ever met a man who perches? - Why don't you give me an example? - I can't do it, but we have a guy who I know who used to work in our office who perches. They kind of sit in that yoga position, where you like criss crossing your legs but on your chair, I'm not quite-- - Eric, Eric, Eric, can you do that? - And I'm not exaggerating, this guy used to come to work-- - Eric can do it. - And we would basically do this, he would be like-- I'm like, hey, are you okay over there? Yeah, why? I don't know, you have headphones on and you're like Bro, what are you doing? Now, that's cool as long as he's not polishing a warhead on his desk or he's not sharpening a knife while doing it. I being serious though, you can like get into yoga move if that's what you need to do to get your day going, but, we have some laws coming out where you know, people can't pray and they can't this, all I'm just saying is don't make it uncomfortable for your coworkers to coexist based upon your religion, okay? So don't do that. These are all things you cannot do and the other things you can't do, okay? - [Jose] True. - You can't discriminate based on gender. You can't, you know, you can't-- Recently, six years ago, somebody who wants to research this and get into it. If you Google my name and enough different things, you'll find a company that I used to do the PR and marketing for, and one of the awesome things that the owner did, awesome, just a great idea. He brought in a CEO who was ageist. He only wants young people and sexist. So he literally said, and Thrivers, this is the stuff that you can't do, I mean, we could edit it out, but he literally goes, I only want hot chicks withworking here. - [Jose] Are you serious? - He said it in front of his whole staff of dudes. So one of the staffers was like, what? And he goes, hot chicks with He literally said this. - [Jose] Wow. - And I'm saying this because you know who are watching this, you've been to a workplace where you boss was like, hey man, you know, if we can get her back for an interview, I'll create a job for her, if you know what I mean. And you're like, you're a sick freak. You know, and there's people that do kind of stuff. So this guy ends up getting sued. This person wins a major lawsuit. The company just blows up. - [Jose] Wow. - And we were hired at the time of doing like PR, and I was like, I can't really fix that. Can't put a perm on that frog. You know what I mean? And I end up having to testify. I literally had to testify and give my actual like-- They asked me, what was said? And I had to do a deposition and say, this is what was said. - Man. - True story, and they settled out of court, but that-- I'm just saying, this is not as uncommon as you'd think it is. - [Jose] Is he still hiring people? - Well that business, the guy was wealthy enough to pay this person a lot of money. But I was at the tag agency getting my license renewed and the lady who was fired for being north of 50 and not fitting the job description, she was there, and she goes, thank you so much for, you know, you have no idea. 'Cause she lost her job. - [Jose] Man. - Simply because he made that declarative statement of hey, this is what we're gonna do. - [Jose] That's just wrong. - It is wrong, but it happens a lot. The next thing is you can't discriminate based on sexual orientation. So here's the deal, is like, a lot times people in an office workplace are like, Jose, I love having sex with my wife. And you're going, why are you saying this? Like, I just do, man, I just love-- And you're going, that is so uncomfortable. Stop saying that. But come on, being real, has everyone worked there before? No? Am I the only person who's ever had a job? I used to work at Applebee's, and my boss would go, he was a dude, and he goes, I'll tell you what, that young man, you know what I mean? And I'm like, I don't know what you mean. And he's like, you know, Clay, if you want to say after work, you know, they get-- - [Jose] Oh my gosh. And I'm like, are you? And he's like no, I'm not, I'm just saying, but if did want to stay after work, there's a way to move your way up to the top here. - [Jose] Oh wow. - And, he obviously was homosexual, but he wanted to tell me about it. But then I worked for a guy back in the day who was a raging heterosexual, and he'd just be-- You'd come in, how was your weekend? Man, I tell you want we did boom, boom, and you're going, whoa. And this stuff, you would hope-- We're in a culture where you hope you would get this, but here's the problem. The problem is, and I want you to hear me, 'cause you know who you are, Chamillionaire. - Chamillionaire. - Flo Rida, that's your problem. The problem is, it's in pop songs, Katy Perry. Where Katy Perry's talking about-- No, seriously, she's talking about having a menage a trois in a pop song. So third graders are like, you know, Friday nights we're have a good party, we're having a good party. - [Jose] Oh man. - All of a sudden we're having sex with three people. And their mom's like what did you just say? I was just singing along to Katy Perry, menage a trois, and you're like, do you know what that means? And that third grader's like I don't know what that, I just, it's a word that rhymed I guess? And then you realize, that the cultural boundaries have been eroded to where that's normal. - [Jose] Brainwashed. - You watch a show tonight, and the show, it's like, That's so funny, and the guy in the show, right, he propositions somebody, and something crazy happens and it's funny 'cause it's a comedy and we laugh. - [Jose] Yeah. - You watch a Will Ferrell movie and he's like, all of a sudden he's naked. That's why I watch Will Ferrell movies. It's always naked and running around. You know what I mean? But, it's kind of funny that he's going streaking. Have you guys ever seen that? Have you seen Old School? - [Jose] I can't say I have. - If you've seen Old School, you know what I'm saying. All of a sudden, he just, in all of his movies he just gets naked and he goes streaking, and it's kind of funny, but then, like, if you go on YouTube and watch it tonight, there was a buddy, it was on YouTube, an office manager, it's on YouTube, you can see it. At Yankee Stadium, the office manager looks next to the guy next to him, he goes-- - [Jose] Oh my gosh. - Hey, the first hit at Yankee Stadium, if you take your clothes off and run onto the field I'll give you $1,000. - [Jose] No. - True Story. And so the guy was like, are you serious? He's like, yeah. Well, how am I gonna do it? They're talking. So the guy takes his clothes off, but keeps his coat on, and as soon as they hit the ball-- - [Jose] No. - I'm not kidding, he runs onto the field naked. He gets tackled, gets arrested. Dude, that's like on your record. You're not getting another job. So the thing was, did he get his 1,000 bucks? I think he actually did. - [Jose] To bail him out of jail? - But he lost his job. You know what I'm saying? So I'm saying, it's a culture like, you can listen a Justin Bieber song about like-- Or you can listen to, what's that song, Lady Cop by Li' Wayne? Like a lady cop, you know. And like, that's kinda cool, but if you like, it's kinda cool, like oh, it's fun. It's a song that rhymes. But if you get pulled over, and you try going innuendo on a lady cop, you are definitely going to jail. So, all I'm saying is, as a culture, I'm saying this because as a culture we're in a boundary-less culture. We're told one thing, that anything is acceptable over here. But then, the kid-- And those of you, one of our hosts, Sherita, she used to be a teacher. So, I'm sure you saw, was in the classroom. Kids try to say, they try to live out the Li' Wayne lyrics, or the Katy Perry lyrics in the classroom. - [Jose] Yeah. - And they're just going, all I did was I told him I wanted to have a menage a trois, I don't see what the big deal it. And you're like, do you know what that means? So all I'm saying is, these are things you can't do. Other things, you can't discriminate based upon national origin. This is a huge issue right now. - Oh yeah, oh yeah. - Because, we've had terrorism happen, right? - Correct. - So we've had people who've blown up things. Who have tended to be from one geographic area. - [Jose] Yep. - But you can't just say those people. You can't just go, you know, those people. You know, just because-- So, I used to work in an office where our top mortgage broker guy, his middle name was Hussein, okay, this was the time when we were like really fighting terrorism and we literally had to, I'm not kidding, he had to go by a different name in the office. - [Jose] Wow. - So instead of going by his given name, we had to go by Hank, so what what your name? My name is Frank Smith. Now he literally had to do that, not because we wanted him to, but he was not able to sell a mortgage and so he had to change to Hank Smith. Thank you for calling yada yada, this Hank Smith. And you couldn't tell in his voice. - [Jose] Yeah. - But when you heard the name Hussein whatever, he couldn't get a deal, and he came to me and goes, is it okay if I change my name to Hank Smith? I'm like, sure dude, you know what I mean? So you just gotta be thinking about that. - [Jose] Wow. - Now, if you're a rapper, you gotta change your name to Li' Wayne, it's gotta be Li' something. Li' Feeze, Li' Easy, Li' Moe. Li' Mookie, Li' Al, Lorraine. I'm just listing off the lyrics to a Skee-Lo song. You know what I'm saying is, but you gotta have like a, you know what I'm saying? It'd be weird, I'm just making sure you're getting this though. The main thing is, you cannot discriminate based on national origin. The next one is you can't discriminate based on age. We talked about that earlier, but if somebody like, bro, you're too old, man, you're too old. We just like young coders, you're an old guy, and you can't do it, okay? Other thing is you cannot create a job advertisement that breaks those rules. Now some people say, how does-- - [Jose] Well, there's disability too. - Or disability, you're right. And I want to tell you this though, people say well how does a company like Hooters do it? You know, how does Twin Peaks do this? How do they, 'cause you can't do this, how are they doing this? I will tell you that as much as I disagree with their entire business plan. - [Jose] Right. - They've created a culture where only a certain kind of person would want to work there. - [Jose] Correct. - And they've created a culture where if you are America's largest human, you're probably not even going to apply to work there because you wouldn't feel comfortable being there and that's the deal. And there's certain like, you know, businesses, like certain redneck, completely redneck businesses I can think of right now, like an antique shop, there's one in Coweta I can think of where they're just like, hey man, you wanna buy something, you're going, um, could you wear pants? - [Jose] Oh my gosh. - You know, to the owner, you're like, could you wear pants, could you put on, I can't-- Oh, I'm sorry, I didn't realize that you were gonna come on in the store today, let me-- Do you have pricing on your items? Do you have any pricing on the items? Oh, why, you wanna buy something? Let me get my pants. I mean, they've created a culture where like, no one wants to work there anyway. So, they can kind of get away with that, but I'm saying to you, as a general rule, these are the moves you need to know. Now what do you do? Do everything that is not on the don't list, okay? - There you go. - And we will give you a template, Thrivers, a template, an actual, you can download our actual templated document for the questions you can ask in an interview, they're already scripted for you, we just wanted to take the extra time to explain to you what you can't say so that you don't go to jaily jail with the guy who ran onto the Yankee Stadium field naked while celebrating a hit in order to win $1,000. - And he ruined his whole life forever. - And there's nothing wrong with that, right? - So, if you want this template, feel free to email us at email@example.com, be sure you get that. Until next time, thanks for tuning in. Remember, don't do that, but do what's not on this list. - Bang. - Chickabangbang.
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