Legal Aspect of Recruitment and Hiring
Recruiting is a necessary party of any company's expansion efforts. But, there are a number of legal considerations in the recruiting process. Job postings, interview questions, checking references, and making hiring decisions / job offers all need to be done in a manner that decreases risk to the business. In fact, it is possible to ask unlawful or even discriminatory questions without realizing it. For example, employers are forbidden from discriminating on the basis of race, ethnicity, religion, marital or family status, physical or mental disability, gender, age, and possibly sexual orientation. The resources below will help guide you in the recruiting process and help you to avoid liability in the hiring process.
Recruiting and Hiring
- Employer's Internet Recruiting Guide
Kansas Department of Labor Guide for Recruiting over the Internet. Includes the following topics: Introduction; Benefits of Internet Recruiting; How to Search on the Internetl Where to Search; Register at KansasJobLink; The Employer Home Page; Creating a Job Order; Inactive Jobs Search; Careers; Other Information; Automatic E-mail Matches; How to Write an Internet Job Description; Marketing Your Job; Internet Recruitment Web Sites; and Advantages of E-recruitment.
- Equal Employment Opportunity Commission (EEOC)
The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. The EEOC has the authority to investigate charges of discrimination against employers who are covered by the law.
- National Association for Law Placement (NALP)
NALP, the association for Legal Career Professionals, is a non-profit educational association established in 1971 to meet the needs of all participants in the legal employment process (career planning, recruitment and hiring, and professional development of law students and lawyers) for information, coordination and standards.
- National Labor Relations Board
The National Labor Relations Board is an independent federal agency created by Congress in 1935 to administer the National Labor Relations Act (NLRA), the primary law governing relations between unions and employers in the private sector. The NLRB has two primary functions: to prevent and remedy unfair labor practices, whether committed by labor organizations or employers; and to establish whether or not certain groups of employees desire labor organization representation for collective-bargaining purposes, and if so, which union.
- Top 4 Strategic Interview Styles
There are four key interview styles that can be leveraged to obtain valid answers and insights about potential job candidates. This article describes the four styles.
- United States Department of Labor
The Department of Labor, the federal agency within the US Government responsible for enforcing labor laws. Federal statistics and data, laws and regulations, relevant links and a library for accessing current information.
- Workforce Management - Recruiting and Staffing
Find the information you need. Search through product and service listings, download informative white papers and best practices and watch vendor webinars.
- How To Win a Job Interview in a Competetive Market
Article about making it past the screening process receiving job interview offers.
- Illegal Job Interview Questions
The key to understanding unlawful inquiries is to ask only questions that will provide information about the person’s ability to do the job, with or without a reasonable accommodation. Also note that inquiries which are unlawful to ask a candidate directly may not be asked as part of a pre-offer reference check.
- Job Interview Techniques
The job interview is the most important aspect to overcome when looking for work. The objective of the interview is to separate yourself from the competition. It is aimed at highlighting, skills, personality, personal strengths and interests in the job.
- Job Interview Tips and Techniques
Tips and techniques for job interviews, sample interview questions and answers, and sample interviews letters and templates.
- Nine Questions you can NEVER ask in a Job Interview
The range of anti-discrimination and industrial laws that operate in an employment situation are often just as applicable to the job interview process. Sometimes employers let their guard down and ask questions that could imply that their decision to employ or not to employ someone has been influenced by considerations that constitute unlawful discrimination. Here are nine inappropriate questions and why you should avoid them.
- Organising a Job Interview
Article about job interviews and disclosure of one's disability: Should Disclosure Occur? Why Applicants May Choose To Disclose Why Applicants May Choose NOT To Disclose What To Disclose To Whom Should Applicants Disclose The Purpose Of Disclosing Applicants: Rights And Responsibilities When Organising A Job Interview Employers: Role And Responsibilities When An Applicant Discloses Their Disability When Organising A Job Interview
Background Checks for Employees
- Conducting Employee Background Checks: Navigating Current Rules
Article about using background checks in the hiring process.
- Employment Background Checks - A Jobseeker's Guide
This guide explains the why and how of background checks. It also tells you what can be covered in a background report, your rights under the Fair Credit Reporting Act, and what you can do to prepare.
- Employment Background Screening
Universal Background Screening is a leading provider of comprehensive employment background checks including county, state and federal criminal record checks, verifications of past employment, education, professional licenses and certification, searches of government and industry-specific sanction lists, and much more.
- Employment Drug Testing
Universal Background Screening offers a variety of workplace drug testing services for pre-employment and ongoing testing purposes.
- FBI Criminal History Checks for Employment and Licensing
The FBI’s authority to conduct a criminal history record check for non-criminal justice purposes is based upon Public Law (Pub. L.) 92-544. Pursuant to that law, the FBI is empowered to exchange criminal history record information with officials of state and local governments for employment, licensing, which includes volunteers, and other similar non-criminal justice purposes, if authorized by a state statute which has been approved by the Attorney General of the United States.
- FBI Identification Record Request / Criminal Background Check
An FBI Identification Record—often referred to as a criminal history record or a “rap sheet”—is a listing of certain information taken from fingerprint submissions retained by the FBI in connection with arrests and, in some instances, federal employment, naturalization, or military service. The process of responding to an Identification Record request is generally known as a criminal background check.
Articles on HG.org Related to Employment
- Workers Claim They Were Forced to Work Off-the-Clock, Now They’re SuingThousands of Chipotle employees say they were cheated out of their pay.
- Religious Freedom Bill and LGBT CommunityCongressional leaders are in heated arguments over a proposed bill that would protect religious freedom, but could also allow members of the LGBT community to suffer legal discrimination. The proposed bill titled, The First Amendment Defense Act, would prohibit anyone from bringing legal action against a person exercising their religious beliefs.
- Child Support PaymentsHow does an obligation to pay child support impact someone’s right to workers’ compensation benefits?
- Workplace Injury Claims through Civil LawsuitsCan an injured worker pursue a claim for pain and suffering through a civil lawsuit alleging negligence; or is the injured worker limited to just a claim for workers’ compensation benefits?
- Woman Complained About Unequal Pay, so Company Sued HerWhat employees need to know about unlawful retaliation
- Advocating for Those Facing Workplace DiscriminationThe Americans with Disabilities Act of 1990 (ADA) was an iconic step in the right direction for the civil rights of individuals with disabilities. Under the ADA, those who had previously been negatively impacted by discrimination in the workplace could benefit from federal protection.
- Fighting Against Employment DiscriminationEmployment discrimination, while it can take on various forms and different levels of severity, is always illegal in the eyes of state and federal laws. Title VII of the Civil Rights Act of 1964 ensures that no individual is to be discriminated against in the workplace based on “race, color, religion, sex and national origin.” While the Civil Rights Act has protected employee rights for over 50 years, much remains to be done.
- Advocating for LGBT Individuals in the WorkplaceAmericans in the Lesbian Gay Bisexual and Transgender Community (LGBT) have fought for and won many rights in the past few years. While individuals in the LGBT community and their allies have made progress, much remains to be accomplished.
- Yes, You Can You be Fired for Your Political Social Media Posts (Sometimes)What workers need to know about their rights to free speech online
- Difference Between Workers’ Compensation and Personal InjuriesPeople often wonder whether there is any difference between a workers’ compensation and a typical personal injury case. While there are numerous smaller or technical differences, there are two major differences, which cannot be minimized.