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.

Job Interviews

  • 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

  • Top 10 Bad Questions to Avoid When Interviewing a Job Applicant
    When interviewing job applicants, there are good questions and bad questions. A good question seeks relevant and helpful information about the person applying for the job and about the applicant’s job qualifications consistent with a business necessity for asking the question.
  • Employees Are Entitled to Paid Sick Leave in California
    Prior to January 1, 2015, employers were not required to offer employees paid sick leave in California. However, with the passage of the Healthy Families Act of 2014, an employee is now entitled to paid sick leave. Beginning on July 1, 2015, an employee who works for an employer for 30 days or more within a calendar year from the beginning of employment is entitled to paid sick leave.
  • Can You Be Fired for Your Social Media Posts?
    Certain speech about work is considered protected activity. Believe it or not, talking about your job on social media may actually be a protected activity under federal law.
  • Can You Be Fired for Incomplete FMLA Paperwork?
    Court decision gives Pennsylvania workers more protection.
  • Does Your Employee Handbook Violate the National Labor Relations ACT?
    Over the past several years, the National Labor Relations Board (NLRB) has been taking a more active role in the non-union workplace, including decisions on whether provision of employers’ handbooks or work rules violate the National Labor Relations Act (NLRA).
  • To Hire or Not to Hire: Independent Contractors Versus Employees
    Most of the time, hiring an independent contractor for your business is a means of providing a temporary subject matter expert who can provide some measure of unique support. While some businesses do continue to retain employees of this type that have provided vast contributions to an organization this is not usually the case.
  • Was Job Candidate Turned Down Because He Was Too Old?
    Tech giant facing lawsuit after taking a pass on older job applicant.
  • Disputed Workers' Compensation Claims
    The Workers’ Compensation Act was established to ensure injured workers receive compensation such as wage loss benefits and medical benefits to supplement their income when they are unable to work because of an injury on the job.
  • Change in Pennsylvania Law
    Twenty-five percent of Americans are banned from employment opportunities due to their criminal record, specifically jobs regarding the care-taking of older Americans.
  • 101 of Non-Compete Agreements: Everything You Need to Know about Protecting Your Business
    Today’s advances – technological, scientific, and business – are all driven by competition. As a business owner or an entrepreneur, you’re likely faced with a serious competition that drives you to constantly enhance and update your product and services range. Competition is healthy, as it promotes innovation – but what happens when you find a competitor amongst your own employees?

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