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Personnel Practices: Hiring Basics

by C. Alexander Chiulli, Esq. and Kristen M. Whittle, Esq.


Personnel PracticesAs the first step in the employment relationship, the hiring process is also one of the most important. It is an opportunity for both parties to lay the groundwork for a successful relationship, but employers should take certain steps to ensure that the process is completed properly. In addition, employers should be aware of pitfalls for liability, such as claims of discrimination, breaches of privacy, and violation of laws and regulations governing, for example, drug testing and social media. Even prospective employees, who are not ultimately hired, may present claims in this regard. The following do’s and don’ts are intended as best practice tips to guide employers through the hiring process.

DO avoid questions related to a candidate’s membership in protected classes (e.g., race, gender, age, religion, sexual orientation, or disability). Employers should also generally refrain from including this information, such as an applicant’s gender or date of birth, on an employment application. Unless an employer is subject to affirmative action requirements (and most employers are not), hiring decisions should be made based on a candidate’s merit, and not on his or her membership in a protected class. Instead, employers should focus on determining whether applicants are qualified for a position by probing their education, experience, and skill-level. Through fashioning qualification-based questions, employers will not only obtain more useful information for making hiring decisions, but may avoid potential discrimination claims.

DON’T overlook compliance with industry-specific screening procedures. In areas such as healthcare, child care, aviation, and education, among others, certain screening procedures are mandated by law and essential to protecting the public interest. Failure to complete the required screening procedures can potentially give rise to liability on the part of an employer.

“Through fashioning qualification-based questions, employers will not only obtain more useful information for making hiring decisions, but may avoid potential discrimination claims.”

DO, however, proceed with caution when conducting background checks. While an employer may generally inquire about applicants’ background information during the interview process, employers are not typically permitted to run background checks without applicants’ consent. In addition, a recently-enacted Rhode Island law prohibits employers from inquiring about an applicant’s criminal convictions prior to the first interview. This law, known as “ban the box” because of the prohibition on a check-box on job applications concerning an applicant’s criminal history, provides that it is unlawful for most employers to ask job applicants about arrests, charges, or criminal convictions (including any verdicts or findings of guilt, guilty pleas, or pleas of nolo contendre) on any employment application. Employers who do not use formal job applications are similarly prohibited from asking about these topics until at least the first interview.

DON’T forget to comply with Rhode Island’s drug testing statute, if drug testing is part of the application process. Rhode Island has enacted one of the strictest laws in the nation concerning employee drug testing, and violations can lead to criminal liability. If pre-employment drug testing is not required by an industry-specific law or regulation, employers should consider whether to engage in this practice at all.

DO use only publicly available information about job applicants when conducting screening or due diligence research on social media. The Rhode Island General Assembly recently enacted legislation prohibiting employers from requiring applicants to provide access to their social media accounts or to add the employer as a contact on their social media accounts. In other words, an employer may not require an applicant to connect with the employer on a social media site as a consideration in the hiring process.

By creating a culture of compliance in the hiring process, employers may avoid liability down the road. When in doubt, however, employers should always contact a seasoned professional to help navigate this process.

Rhode Island Foundation’s Matching-grant Challenge Raises $111,000 for Streamlining State Government

PROVIDENCE, RI – Seven companies are joining with the Rhode Island Foundation to give the state more than $100,000 to streamline state government and eliminate waste. The money will support Gov. Gina M. Raimondo’s Lean Government Initiative.

 The companies contributed a total of $61,000 in response to a matching-grant challenge the Foundation issued earlier this year. Together with the maximum $50,000 match from the Foundation triggered by the donations, the state will receive $111,000.

 Amica, Corning , Groov-Pin, Hope Global, TACO, Taylor Box and Toray Plastics are the companies that responded to the Foundation’s matching-grant challenge with contributions.

 “We are committed to helping state government work better for all Rhode Islanders. Every one of these donors deserves our thanks for investing in creating a strong economy that will enable all Rhode Islanders to prosper,” said Neil Steinberg, the Foundation’s president and CEO.

 The Foundation issued the matching-grant challenge to support Gov. Raimondo’s work fostering innovation across state government and promoting a culture of continuous improvement.

 “The Lean Government Initiative give us the resources to improve the efficiency and effectiveness of state government,” said Gov. Raimondo. “Rhode Islanders deserve a government that moves at the speed of business. By working together, we will develop better approaches, designed by our state employees, and provide dependable service to Rhode Islanders.”

 The Lean Government Initiative is based on a proven methodology used by the manufacturing industry to eliminate waste, reduce wait and processing times, and realize greater efficiency and cost reductions.

 Gov. Raimondo ordered process reviews for many key government services, including environmental permitting, professional licensing for healthcare workers and certification of minority-owned businesses. More than 350 state employees already have received Lean training and more than 20 agencies are participating in the effort. In addition, she has launched a mentorship program that teams private sector leaders with experience in Lean process improvement with members of her cabinet.

 The first company to respond to the Foundation’s challenge with a $10,000 donation was Groov-Pin. The Smithfield company, which is a precision manufacturer of industrial pins and threaded inserts for high-tech, aerospace and industrial uses, instituted Lean principles in 2009.

 “I know first-hand how effective Lean is. What used to take us 12 weeks to manufacture and ship to customers now takes just 20 days. Imagine the impact that applying Lean principles to state government will have on Rhode Island’s economy,” said Scot Jones, CEO of Groov-Pin.

 This is the Foundation’s third investment in streamlining state government. Through its Make It Happen economic development initiative, the Foundation also has awarded $50,000 to the state Office of Regulatory Reform to create a statewide electronic building and fire permitting system and $47,000 to the state Dept. of Environmental Management to create a permitting assistance center.

 The Rhode Island Foundation is the largest and most comprehensive funder of nonprofit organizations in Rhode Island.   In 2014, the Foundation awarded $34.8 million in grants to organizations addressing the state’s most pressing issues and needs of diverse communities. Through leadership, fundraising and grantmaking activities, often in partnership with individuals and organizations, the Foundation is helping Rhode Island reach its true potential. For more information, visit http://www.rifoundation.org

Partridge Snow & Hahn Executive Joins Washington Trust Wealth Management

WESTERLY, RI Washington Trust Wealth Management (NASDAQ OMX®: WASH) today announced that Kathleen A. Ryan, Esq. has been named senior vice president, Wealth Management Client Services, Trust and Estate Services. She will join Washington Trust Wealth Management in December from the law firm Partridge Snow & Hahn LLP where she was partner and chair of the Trusts and Estates group.

Ryan joins Washington Trust Wealth Management’s 100+ team of trust officers, portfolio managers, tax advisors, wealth planning officers, and financial planning professionals who serve clients throughout the country from offices in Rhode Island, Massachusetts and Connecticut. In her new leadership role, Ryan will oversee Washington Trust Wealth Management’s Trust & Estate Services group, providing expertise and guidance on fiduciary services, including wealth transfer planning and related tax issues, charitable giving, and business succession planning.

“Kathi comes to Washington Trust with more than 25 years of experience as a strategic and focused attorney,” said Mark K. W. Gim, senior executive vice president, wealth management & treasurer for Washington Trust. “Kathi’s dedication to excellent client service fits perfectly with Washington Trust’s corporate priorities. In addition, her responsibilities for practice management, work allocation, business development, and strategic planning and implementation are outstanding qualifications for her senior leadership role within Washington Trust Wealth Management.”

Prior to joining Washington Trust, Ryan was a partner at the law firm Partridge Snow & Hahn. She served as chair for the firm’s Trusts & Estates practice where she was responsible for advising clients on wealth preservation, asset transfer, charitable giving and estate and gift tax planning issues. During her time with Partridge Snow & Hahn, she also co-founded and led “Women AdVocates for Enterprise” (WAVE), an initiative dedicated to helping women advance professionally in the marketplace.

Ryan is a graduate of Suffolk University Law School (J.D., cum laude) and Providence College (B.A., cum laude). She is a member of the Estate Planning Council of Rhode Island and the Rhode Island, Massachusetts and Florida Bar Associations. Ryan is a frequent speaker and published source on matters of trust and estate and other relevant issues and sits on a number of boards including the Providence College President’s Council and the South County Hospital Professional Advisory Group.

 

ABOUT WASHINGTON TRUST WEALTH MANAGEMENT

Washington Trust Wealth Management is one of the premier wealth management firms in the Northeast, providing financial planning, asset management and trust and estate planning services to high-net-worth clients, endowments, foundations, retirement plan sponsors and other institutional investors for more than a century. Washington Trust Wealth Management has more than $5.7 billion in assets under administration. It provides services through its offices in Rhode Island (Providence, Westerly, and Narragansett) and through its registered investment advisers, Weston Financial Group, Inc. in Wellesley, Massachusetts and Halsey Associates, Inc. in New Haven, Connecticut. Washington Trust Wealth Management is a division of The Washington Trust Company, a subsidiary of Washington Trust Bancorp, Inc., (NASDAQ OMX®: WASH). Additional information can be found at www.washtrust.com/home/wealth.

 

 

Mount Saint Charles Academy Celebrates its Royal Mounties and Military Veterans

WOONSOCKET, RI      Every year Mount Saint Charles Academy recognizes its Royal Mounties, alumni who graduated 50 years ago or more. This year was exceptionally special because in addition to this celebration, the Academy took the opportunity to also recognize its veterans, of all ages, who have served in the armed forces. Alumni who died while on active duty as well as those who have served our country and are currently serving were honored during a ceremony. This special event happened on Sunday, November 8th in what will now be known as Veterans’ Hall which is located on the main floor of the Academy adjacent to the junior/senior locker room.

The day began with Mass and brunch in Chapel Hall –  an annual tradition held in honor of the Royal Mounties. Mass was celebrated by Fr. Richard Desaulniers with members of the Academy’s choir and band performing hymns during the service. Everyone was also able to enjoy a tour of the school led by Gail Bryson, the Academy’s Alumni Director.

Immediately following brunch was the Veterans’ Hall dedication ceremony. Junior Emily Mercier sang the National Anthem and Deacon Anthony Gagliani, Mount’s director of campus ministry, delivered the invocation. President Herve Richer ’74 welcomed this distinguished group of alumni, unveiled the new memorial plaques, and officially dedicated Veterans’ Hall. Donald Demers, Director of Institutional Advancement, and President Richer read the names of the Mount alumni who died on active duty while a bell reverently rang in their honor. Next, they read the names of the alumni who have served and are currently serving in the armed forces.

Each memorial plaque is engraved with the names of alumni who died on active duty (marked by a gold star) as well as alumni who have served. Their rank, branch of service and years served are also notated. Walter Morris, from the Class of 1941 generously donated the money needed to design and manufacture the plaques. Walter served in the United States Air Force from 1943-1945, retiring as a First Lieutenant.

“It is long past time that our school honors those men and women who have graduated from here and gone on to serve in our country’s military,” President Richer said. “We should thank God each and every day for the sacrifices they — and all veterans — have made.  It is my hope that our memorial will serve as a reminder for generations of Mounties of the sacrifices so many have made and continue to make.  And perhaps the memorial will inspire others to follow in the footsteps of those whose names adorn the plaques.”

Veterans’ Hall is an ongoing project of the Academy with names being added periodically. Veteran Mount alumni (or their family members if the veteran is deceased) are encouraged to submit their information onwww.mountsaintcharles.org/alumnievents or by contacting Gail Bryson via email (alumni@staff.mountsaintcharles.org) or phone (401-769-0310 x115).

Press is asked to contact Penny Federici at 401-368-9709 or by email, federicip@staff.mountsaintcharles.org

 

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