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
- The Status of Independent Contractor vs. Employment RelationshipThe issue of whether a worker is an independent contractor or an employee is currently on the minds of many business owners. In fact, the California legislature has recently established a strong disincentive for wrongly classifying individual workers as independent contractors.
- Know the Laws that Prohibit Employment Discrimination on the Basis of SexSex discrimination is one of the most prevalent issues in the realm of employment. It involves preferential treatment favoring the male or female sex. The most common example of such discrimination is an employer’s preference of male employees over their female counterparts in various aspects of employment.
- Truck Drivers and Work Related Injuries in New York StateThere are a variety of injuries and illnesses suffered by workers in New York State. In addition, although it is fairly common to see neck and back injuries in strenuous occupations, even the most sedentary jobs can result in the development of serious orthopedic problems. It is clear, however, that certain jobs present with an increased risk of injury.
- FEHA Regulations Covered Employers Must Comply Within CaliforniaThe state of California is one of the most liberal states in the country with respect to protecting employee rights in the workplace. In this regard, the failure to comply with state laws puts employers at risk of being sued in civil court and/or being the subject of investigations based upon employee administrative complaints submitted to state and/or local government agencies.
- Disability Discrimination in California: FAQs Finally AnsweredPursuant to the Fair Employment and Housing Act (FEHA), California employees with disabilities are protected from workplace discrimination, harassment, and retaliation. However, while the FEHA protects disabled employees all over the state of California, not all employees are aware of its coverage.
- Nailing Down Independent Contractor StatusAlthough percentage-based pay may create desirable incentives from an employer’s standpoint (and eliminate the need to pay employees for down time), this strategy can result in significant potential liability, including possible exposure to class action lawsuits. This may even be turning into a nationwide trend (with salon workers pursuing similar wage and hour claims in New Jersey and New York).
- Employer Actions That Violate California’s Overtime LawCalifornia’s overtime law provides that every non-exempt worker is entitled to receive one and one-half times the regular rate of pay for every hour they work over 8 hours per day and/or 40-hours per workweek. If employers perform work over 12 hours during a single workday, they are entitled to twice the regular rate of pay.
- How Much Time Does an Injured Worker Have to Report an Accident in New York State?A very common defense to a work related claim is to contend that the employee did not provide proper notice of the work related accident. Raising lack of proper notice is fairly standard procedure for New York State employers and insurance carriers and can be the subject of considerable litigation.
- Chiropractic Care and the New York State Medical Treatment GuidelinesChiropractic care remains somewhat controversial in New York Workers' Compensation claims. A great majority of injured workers claim great benefit from manipulations, often contending that they are unable to function without treatment. Self-insured employers and insurance carriers view chiropractic care as an unnecessary expense, often claiming that the treatment is excessive.
- What Are Workers' Compensation Vocational Rehabilitation Benefits?Each year millions of workers are injured in on-the-job accidents. While many of those injured workers will be able to return to their existing job after a period of recovery, some injured workers are injured to an extent that they are unable to return to their pre-injury job. In these situations, the injured worker may be able to receive vocational rehabilitation benefits under the applicable state workers’ compensation program in order to help him or her obtain a new job.