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What plaintiff’s lawyers don’t want HR pros to know

08/11/2009

Want to know how to get under the skin of the lawyers who represent employees? Ask one. They won’t all cop to what sinks their cases, but attorney Whitney Warner did. Learn what she fears most when staring down an employer in court.

Interviews: The legal way to ask 5 risky questions

08/04/2009
Job discrimination claims are running at record-high levels in the past two years. Way too many problems start when hiring managers ask the wrong questions during job interviews. Here’s how to ask five key questions without risking a hiring discrimination charge. (Plus 16 questions no one should ever ask.)

Warn bosses: Pregnancy plans talk is off-limits

07/17/2009

Are some of your organization’s supervisors still stuck in the Dark Ages when it comes to attitudes about pregnancy, childbirth and child care? If so, your organization may be a few off-base questions away from triggering a discrimination lawsuit. Remind managers and supervisors to keep their opinions on mothers and motherhood to themselves.

No haircut, no job: Was it discrimination?

07/15/2009

A jury will decide whether Wackenhut Inc. discriminated against Lord Osunfarian Xodus when the security firm turned him down for a security guard position. Xodus, a Chicagoan who practices Rastafari, claimed he lost out on the job after he refused to cut his dreadlocks for religious reasons.

Track résumés: More applicants = more suits

06/26/2009

If you have a fairly informal application process, now’s the time to firm it up. The prolonged economic downturn means you’re receiving many more applications and résumés than normal. And that means more potential for lawsuits from unsuccessful job-seekers.

What’s the best interview question you’ve asked?

06/26/2009

Interview questions range from the simple (“Tell me about yourself.”) to the silly (“If you were an animal, what kind would you be?”). Here are some suggestions of effective questions from readers of The HR Specialist Forum.

Remind bosses: No talk of pregnancy plans

06/26/2009

Are some of your organization’s leaders still stuck in the Dark Ages when it comes to attitudes about pregnancy, childbirth and child care? You might be a few off-base questions away from a pregnancy discrimination lawsuit. Remind managers and supervisors to keep their opinions on mothers and motherhood to themselves.

Take and retain notes on salary negotiations

06/22/2009

In a free-market system, it sometimes takes extra money to entice an applicant to jump ship. But sometimes that causes an existing employee to earn less than a new employee who holds the same job. If that existing employee belongs to a protected class, she may fire off a pay discrimination claim. That’s when interview notes documenting the salary negotiations come in handy.

Set hiring criteria and then stick with it

06/05/2009

Courts give employers the benefit of a doubt when it comes to the qualifications they seek in job candidates, and the questions they ask during interviews. As long as the criteria and questions are job-related and not otherwise illegal, courts grant wide latitude. But once you decide on hiring criteria and use them to rank candidates, resist the temptation to go back and tinker with the rankings.

Proceed with caution when making health-related inquiries

05/27/2009

Employers enter a legal minefield when they inquire about the health of applicants or employees. State and federal laws—such as the North Carolina Workers’ Compensation Act (WCA), the ADA and the FMLA—overlap, and any misstep can cause a litigation explosion.