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

  • Wrongful Termination Case
    A tax lawyer who worked at the Vanguard Group in Malvern, New York, was terminated from his position after consistently warning his employer that they were considerably underpaying on its taxes. The unlawful practices resulted in Vanguard cheating the US Government out of more than a billion dollars throughout the last several years. Some of the money saved from the illegal tax practices was used to enhance bosses’ salaries.
  • H1-B and Labor Certification Matters: Documentation
    What employers must know with regards to keeping documentation in H1-B and Labor Certification matters.
  • Back Injuries in Healthcare Workers
    Back injuries including herniated discs, strained muscles, pulled or torn ligaments and disc degeneration are the most common work injuries among healthcare workers. Nurses, nursing aids, orderlies, attendants, laundry workers, kitchen workers and environmental services in the healthcare field can suffer from back injuries caused by everyday tasks or workplace accidents.
  • Workers' Compensation Subrogation
    Why does the workers' compensation insurance company get money back from my negligence lawsuit?
  • Court Decision Favors Municipal Employee in Philadelphia
    In a major victory for injured municipal employees in Philadelphia, a Pennsylvania appellate court recently blocked the city’s attempt to obtain a portion of an injured worker’s personal injury lawsuit recovery. This decision allowed the injured worker, a Philadelphia police officer, to keep the full amount of the injury benefits he received under the Heart and Lung Act and the full recovery from his lawsuit award.
  • New Laws to Help Sexual Abuse Victims and Their Lawyers in California
    As a result of changes to sexual abuse laws in California and a more liberal statute of limitations, attorneys in California now have a greater chance to pursue perpetrators of sexual abuse and obtain justice for their victims. Thanks in part to greater public awareness of the problem, recent reports in the news, and more women willing to come forward after being abused, a greater number of abuse and molestation victims can at last obtain some measure of justice for the trauma they’ve endured.
  • Philadelphia Workers' Compensation for Psychological Injuries
    The Pennsylvania Workers’ Compensation Act provides for different standards and evidence required to prove psychological injuries, as compared to physical injuries. The most common type of work injury claim involves a physical to part of the body, caused by a physical event – such as by falling or lifting something.
  • Office Depot Whistleblowers Case
    A whistle blower complaint filed by an Office Depot employee has resulted in a large settlement for the state of California.
  • How Can a Felony Conviction Affect My Career?
    If you are facing a felony conviction, the lasting effects on your career can endure for much longer than any time that you receive. Being convicted of a felony can have some of the following severe ramifications on your career.
  • Tort Liability Protection Offered to Ohio Businesses Who Hire Ex-Criminals
    In the latter part of 2012, the Ohio legislature passed Senate Bill 337, providing tort liability protection for businesses choosing to hire rehabilitated ex-criminals. According to Senate Bill 337 (now codified as Ohio Revised Code Section 2953.25), if an Ohio business hires a job applicant who possesses a Certification of Qualification for Employment (CQE), then the business is entitled to immunity from negligent hiring claims.

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