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

  • Guide for Employers on Drafting and Enforcing Non-Compete Agreements
    Non-compete agreements are becoming increasingly common in today’s competitive marketplace. These agreements provide greater protections for employers by allowing them to restrict the actions of employees after their service is terminated. Many employers contain non-compete provisions in their employment contracts and condition the job on signing an agreement of this nature.
  • Can My Employee Say That?
    With the recent “Google memo” fiasco in the news, many employers are questioning whether Google was permitted to fire one of its engineers over an internal memo that criticized the company’s gender and racial diversity measures. The lengthy 3,000-word memo discusses the now-ex employee’s views on Google’s programs, hiring practices, and treatment of certain employees.
  • What Rights Do Nursing Mothers Have When They Return to Work?
    If you’re going back to work after having a baby, you may be wondering how you’re going to handle expressing breast milk during the workday.
  • What Is a Whistleblower?
    The term may be familiar to most people but they may not understand the definition of a whistleblower. Whistleblowers are an important part of our society and they can be compensated for their claims.
  • Illinois Receives High Workplace Safety Score from National Safety Council
    While workplace injuries remain a serious problem in Illinois, the state scored the highest in measures of workplace safety by the National Safety Council as compared to other states. The rating was derived from data about worker health, workers' compensation, accident prevention programs, regulatory enforcement, and preparedness.
  • Long-term Impact of Workplace Injuries
    When an employee suffers from an injury at work, in most cases, that employee is eligible for Workers’ Compensation through their employee. Workers’ Compensation benefits cover lost wages, medical bills, physical therapy, and other costs related to the injury.
  • What To Do if You Are the Victim of Workplace Sexual Harassment
    Sexual harassment is a form of discrimination prohibited by both Title VII of the Civil Rights Act of 1964 and by state laws, which may offer additional protections against workplace sexual harassment and other forms of discrimination.
  • When Do Workers’ Compensation Benefits Start?
    When a worker suffers an injury on the job, their first concern is typically how they will pay their medical bills on top of their regular expenses while they are out of work.
  • When Do Workers’ Compensation Benefits Start?
    For those filing a Workers’ Compensation claim for the first time, there may be many questions about how the process works, one of which may be, when will I begin receiving benefit payments?
  • Workers Compensation Basics
    Employees are entitled to Workers’ Compensation health benefits for medical care when they are injured while on the job. How severe the injury is and how quickly the employee recovers will determine what other types of Workers’ Compensation benefits are available.



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