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
- Terminating Probationary Employees in BeijingNew employment laws have affected the way China is permitted to terminate employees through the Responses to Several Issues Regarding Application of Law in Trial of Labor Disputes which include probationary employees. The key factor that affects employees within the Responses is to ensure fairer and more effective labor disputes for unfair practices in firing and terminating workers.
- What Is a Minnesota Qualified Rehabilitation Consultant?When an employee has been injured to the point that he or she is no longer able to continue working within the same industry or job type, he or she needs rehabilitation services in certain situations. Through these services, he or she may become skilled or knowledgeable enough to seek gainful employment with another industry or type of work.
- Protection for Intelligence Agency WhistleblowersWhistleblowers in the intelligence agency locations could require additional protections after the supervisors or management have been exposed for illegal or fraudulent activity. It is important that these persons are safeguarded from retaliation, negative consequences and possible problems form others in the same field.
- Does Minnesota Provide Workers’ Comp for a Repetitive Stress InjuryWorkers’ compensation generally provides for the injuries, disability and medical conditions that occur due to or while working for a company. Many issues that affect an employee’s health or body are caused by repetitive motions, job duties that require the same motion one particular region of the body and similar concerns.
- What Can I Do If I Contest the Amount of My Workers’ Compensation Award?Workers’ compensation awards usually end a claim and the injured is able to recover and become whole after the incident. However, sometimes, the initial award is not enough cover all expenses and medical bills, and the victim needs to contest the amount to seek a greater award.
- Terminated for Medical Disability: Is It Wrongful Termination or Discrimination?Being terminated due to a disability may be unlawful and could lead to a civil suit against the employer. The circumstances of the termination, the disability and the employee are crucial in understanding if there is a case to pursue against the company when being fired.
- Was Your Construction Site Accident Caused by Defective Equipment?If you have been involved in a construction site accident, do you know the reason why the accident occurred? It could have been faulty equipment.
- Woman Says She Was Forced to Take Unpaid Leave During PregnancyPolice officer who was five months pregnant claims she was unfairly denied light-duty work.
- Can Your Employer Prohibit You from Talking about Your Salary?Let’s face it, many employers would probably prefer that employees avoid discussions about compensation. After all, if staffers don’t know how much other people are making, the employer is less likely to have to worry about salary complaints.
- Philly Area Restaurant Pays $1.3 Million to Settle Unfair Wage SuitAs most restaurant servers could probably attest, working for tips means getting used to an uncertain income. Some days, you may go home with pockets full of cash, but others … well, not so much.