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

  • Understanding Wrongful Termination Law in New Jersey
    As an employer, making the decision to terminate employment is difficult — you have to take into consideration a number of factors, from performance to company health to growth potential and turnover costs — but when you tack on legal concerns, the process can quickly become overwhelming.
  • NYC Mayor Signs New Law Barring Employers from Asking Job Applicants about Salary History
    The new law’s rationale is that, on average, women are paid less than men for the same work, and that relying on salary histories in determining compensation perpetuates this gender wage gap. That is, the new law’s stated purpose is to reduce the likelihood that women will be prejudiced by their salaries at previous jobs, and to help break the cycle of gender pay inequity.
  • Serious Injuries in Pennsylvania
    In effort to increase safety in the workplace, the Occupational Safety and Health Administration (OSHA) introduced a new rule in 2015 that requires employers to report serious injuries that require hospitalization, amputations, and loss of an eye injuries within 24 hours of an incident.
  • Rights of Injured Workers
    When an employee suffers an injury at work, he or she has the right to file a Workers’ Compensation claim to receive certain benefits including compensation for their medical bills and a portion of their lost wages. This is one of the advantages of being an employee rather than an independent contractor.
  • Getting the Government on Your Side as a Whistleblower
    A whistleblower is a person who brings to light information that uncovers fraud, criminal activity or other wrongdoing. Whistleblower claims are the legal avenue which whistleblowers take to report this fraud. Many of the individuals who file these claims do so on behalf of the government, meaning that they are coming forward with information about fraud that drains taxpayer money.
  • One Sneaky Way Pennsylvania Employers Cheat Workers Out of Overtime
    State law is stricter than federal law when it comes to OT calculations
  • Performing Employee Background Checks
    Conducting employee background checks helps you to make better hiring decisions, and uncover issues that might interfere with an applicant's ability to do the job they are being considered for. At the same time, your business could be exposed to potential liability unless you follow the applicable federal and state laws, and stay up to date about certain types of information that may be off-limits.
  • Forklift Accidents
    Forklifts are one of the most common pieces of equipment used at warehouses, factories, retail outlets, and other establishments where heavy materials must be moved or lifted from one area to another.
  • Post Traumatic Stress Disorder (PTSD)
    Post-traumatic stress disorder (PTSD) is a serious and potentially debilitating mental health condition that can affect every aspect of a person’s life. Often, the disorder develops in individuals who have experienced or witnessed a traumatic event such as a serious accident or violent assault.
  • Intern or Employee? Should Your Organization Be Paying Your Interns?
    An internship can be unpaid when the vocational and educational benefits received by the intern outweigh the benefits received by the employer for the intern’s work.



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