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
- Are Same-Sex Couples Entitled to Share Employment Benefits?Traditionally, one benefit of marriage was being able to share in a spouse's employment benefits, like health, vision, and dental insurance. Unfortunately, many same-sex couples have struggled for years to receive the same level of benefits and even the right to be married. With more and more jurisdictions recognizing same-sex marriages, are employers now required to provide same-sex couples with the same level of benefits as heterosexual couples?
- Securities and Exchange Commission Saved $439 Million For Whistleblower RewardsThe Securities and Exchange Commission has saved money to spend on it's whistleblower rewards program. It is likely that there will be larger rewards in the future as tips have increased recently.
- Can You Fire Someone For Their Social Media Complaints About Work?Social media is everywhere today; from Facebook to Twitter to LinkedIn, it would be almost impossible for an employer not to have someone working for them that has some form of social media presence. While you might be able to keep an employee from updating their Facebook status from the office, can you do anything about what they say or do about you or your company on their social media in their own time? Indeed, can you fire someone for their social media complaints about work?
- What Are America's Minimum Wage Laws?The United States has statutory minimum wage laws intended to ensure that even the least skilled of workers are able to earn enough money on which to live. As of July 2009, the federal minimum wage was set to $7.25 per hour, which equates to weekly earnings of just $290 per week (before taxes) for a full time job. However, many feel this number has not kept up with inflation and that this number is no longer a livable figure.
- Legal Considerations for Office Holiday PartiesEvery year, millions of Americans engage in office parties around the traditional holiday season. Sometimes these are at the boss's house, a country club, a nice restaurant, or even somewhere at the office itself. But, is the party considered a work function? Could there legally be a consequence for not attending, even if it is after hours? And, what happens if someone is injured, either at the party or on the way to or from it?
- Are Credit Checks Legal in a Job Interview?Millions of Americans have found themselves in this situation in the last few years: looking for work, they fill out an application only to find a portion asking for permission to run their credit report. Some refuse because they fear identity theft. Others lose the job, despite being otherwise qualified, because they have bad credit. So is it legal for an employer to ask to run your credit during a job interview?
- Sutter Health Settles Whistleblower Case for $46 MillionSutter Health decided to settle a whistleblower case before trial. The case involved allegations of double billing for anesthesia services at hospitals in California.
- Ninth Circuit Outlines Boundaries of Computer Fraud and Abuse ActIn United States v. Nosal, the Ninth Circuit Court of Appeals was asked to determine the boundaries of the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030. It ultimately concluded that violations of an employer's computer use policy did not amount to "exceeding authorized access" under the CFAA.
- What Do I Need to Know About A Non-Compete Agreement?Many have been asked to sign non-compete agreements or thought they might be a good idea to protect their business interests when hiring someone. But, what do they do? How are they enforced? What legal requirements do they have to follow?
- Whistleblower Reward Programs Could Help Regain Funds From Tax DodgersWhistleblower reward programs could help California recoup lost tax revenue.