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

  • Can You Be Fired for Your Political Views?
    Political arguments seem to be heating up everywhere, including the workplace. That can lead to some uncomfortable situations, especially if you disagree with your boss or if you hold an unpopular opinion compared to the rest of the company’s workforce.
  • Disability Discrimination Complaints on the Rise: What Employees Need to Know
    Common ways employers may violate the Americans with Disabilities Act.
  • Is Your Employer Skimming from Your Paycheck?
    New report shows companies steal billions from workers every year. A new report reveals some alarming findings that all workers should be aware of.
  • Planning for Technological Disruption in Small Business
    Technological disruptions are already changing the face of American business. We can assume that things are going to become more chaotic, rather than less, with changing regulatory compliance burdens, outsourcing, and automation. With the rapid rate of both internal and external change, one way business leadership can plan for agile adaptation is to write employment contracts and job descriptions with an eye to changing roles.
  • Why President Eisenhower’s Dire Warning Is Still Relevant
    It’s been well over five decades since the sitting President of the United States issued a grave warning to his fellow Americans as part of his farewell address. Amid the Cold War, the president focused his words on the many threats facing our nation, including the influence of our chief global rival in imposing their ideology and military might.
  • Ten of the most dangerous jobs for Workers Compensation
    Are you one of the many Americans working at high risk job on a daily basis for the sake of a paycheck? For a lot of you, avoiding imminent danger is just part of the job. Some of the most fundamentally important careers to our society are among the most dangerous.
  • When Can I Legally Have My Children Work in the Family Business?
    It is important to know when children are legally able to join and work in a family business. This is often determined by age, the amount of hours and other factors that could affect how much the labor laws apply.
  • Legal Requirements for Freelancers
    Freelancing legal requirements and aspects are often confusing to those that have only just started or that have not fully researched these matters. It is important for a freelancer to know what is legally required for the job, for tax purposes, the government and for his or her own personal protection.
  • What All Tipped Employees Need to Know about Tip Credits
    Believe it or not, even people who work at the so-called happiest place on earth have their complaints. A restaurant worker at a major theme park/resort is suing the company, claiming that her employer unlawfully deducted tip credits from her pay.
  • Lump Sum Settlements in Workers' Compensation Cases
    Workers’ Compensation benefits are designed to provide financial relief for someone who has been injured on the job. This includes the cost of medical treatment, lost wages, job training, disability payments, and other costs that are directly related to the injury. In most cases, injured employees receive weekly payments based on the severity of the injury.



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