The Essential Guide for Hiring & Getting Hired: Performance-based Hiring Series

"Because the Performance-based Hiring system does differ from traditional recruiting and hiring processes, questions arise as to whether employers can adopt Performance-based Hiring and still comply with the complex array of statutes, regulations, and common law principals that regulate the workplace. The answer is yes.
  
In particular: 

• A properly prepared performance profile can identify and document the essential functions of a job better than traditional position descriptions, facilitating the reasonable accommodation of disabilities and making it easier to comply with the Americans with Disabilities Act and similar laws. 
• Even employers that maintain more traditional job descriptions may still use performance profiles or summaries of performance profiles to advertise job openings. Employers are not legally required to post their internal job descriptions when advertising an open position. Nor is there any legal obligation to (or advantage in) posting boring ads. 
• Focusing on Year 1 and Beyond criteria may open the door to more minority, military, and disabled candidates who have a less 'traditional' mix of experiences, thereby supporting affirmative action or diversity efforts. 
• Conducting performance-based interviews ensures that the interviews will be structured and properly focused and minimizes the risk of an interviewer inquiring into protected characteristic. Moreover, since the performance-based interviews are conducted pursuant to a common methodology, one is assured that the candidates are being fairly compared. 
• Performance-based interviewing promotes fair consideration of the different skills and experiences that each candidate has to offer--which is essential to promoting diversity."