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
- Can a Disabled Employee Request to Work from Home?An employee’s disability or medical condition may temporarily or permanently prevent the employee from accessing or reporting to the job site, or from performing his or her job functions there. If the employee can perform his or her job at home, without undue hardship to the employer, the employee can request to work at home as a reasonable accommodation.
- An Employee's Sleep Disorder Could Be a Company's LiabilityAny sleep disorder can pose a serious safety hazard, in and out of the workplace. And yet, a lot of recent research is pointing to employers as having a more prominent role in their workers' sleep disorders than what has been previously thought. This is leading to questions of potential employer liability when workers injure others – on and off the job – because of work-induced sleep problems.
- How to Request a Reasonable Accommodation at WorkThe Americans With Disabilities Act (ADA) requires covered employers to provide reasonable accommodations for employees with disabilities. A reasonable accommodation is a modification to a disabled employee’s work environment that enables the employee to perform the “essential job functions” of his or her position.
- Surprising Facts about Wage and Hour ViolationsIt is a commonly accepted idea that the world revolves around money. Sure, some can argue it is possible to free yourself of the pull money has on your life, but at the end of the day, if you reside in the United States of America money is a key part of your life.
- Employee Social Behavior: The New Business EnvironmentThere is unease and confusion among both people in the workforce and business leaders over the changing nature of labor law, and developing changes in employer-employee relationships.
- NYC Creates Claim Against Employers for Avoiding Cooperative Dialogues with Disabled WorkersA new law creates an independent cause of action against employers in New York City for avoiding cooperative dialogues with disabled employees or other eligible employees. (#CooperativeDialogue; #Disability; #InteractiveProcess; #ReasonableAccommodation)
- America's Opioid Crisis Is Now in the Workplace: How Employers Can Manage the CrisisThe American workplace is reaping the fallout from a drug-infested society.
- When Employers Can Be Held Vicariously Liable for Criminal Acts of EmployeesIt is essential for an employer to fully understand vicarious liability so that the business and those working for it are not to blame when an employee commits acts of illegal activity. However, there are certain instances where the company cannot avoid the unlawful behavior, and then it is about keeping the entity as clean as possible.
- Are You Entitled to Be Compensated for Travel Time?Travel Time Compensation For The Non-Exempt Employee The Fair Labor Standards Act (FLSA) requires employers to pay overtime to non-exempt employees, for time worked that exceeds the employee’s usual work time in the employee’s field. Generally, hours worked over 40 hours in a week must be compensated at least one and one-half times the employee’s regular rate of pay.
- Report Workplace InjuriesWhen a person is injured in a workplace accident, he or she must report their accident to their supervisor within 120 days, or approximately three months, of the date of the accident in order to qualify for Workers’ Compensation benefits.