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Hiring

Known disability, safety concern? Testing OK

11/01/2011

Disabled employees may believe that their employers can never insist that they take a test related to the disability. That’s not true. For example, if an employee has a known disability and is observed making safety-related mistakes, it’s perfectly reasonable to demand an assessment of whether the employee is capable of performing the job.

Are criminal records ‘consumer reports’?

10/31/2011
Q. I understand that the Fair Credit Reporting Act (FCRA) requires disclosure to and authorization from job applicants prior to obtaining consumer reports concerning these individuals. My company obtains criminal background records on all applicants. Are these records considered “consumer reports” under the FCRA?

TCC headed for court after prof alleges anti-gay bias

10/31/2011
With help from lawyers at Lambda Legal, which works to protect the legal rights of gay employees, a former temporary professor is suing Tarrant County College, alleging that officials blocked her bid for a full-time professorship because she is a lesbian.

Even if jobs seem quite similar, feel free to use different hiring criteria

10/31/2011
Employers sometimes have several similar jobs that require almost identical skills, certificates or training. But that doesn’t mean that all these positions can’t have different hiring requirements. Just make sure you can justify the differences.

Safety first if alleged sex offender applies

10/31/2011
An employer that knows an applicant has been accused of sexual harassment or abuse can use that as grounds for refusing to hire. That’s true even if the applicant was never found criminally guilty or lost a lawsuit based on the allegations.

Company, man with dreadlocks settle after jury deadlocks

10/31/2011
Lawrence Transportation has reached a settlement with a job applicant whom it refused to hire unless he cut off his dreadlocks. In addition to an undisclosed payment, the company agreed to implement and enforce policies banning religious discrimination and provide anti-­discrimination training to all employees.

In Pittsburgh, HIV test and pulled offer prompt ADA suit

10/27/2011
Pittsburgh-based Capital Healthcare Solutions faces a disability discrimination suit after it rescinded a job offer to an HIV-positive applicant. The EEOC sued on the applicant’s behalf, claiming Capital Healthcare rescinded its job offer solely on the basis of the man’s disability …

Will hiring aliens cost PA businesses their licenses?

10/27/2011
Pennsylvanians who knowingly hire illegal immigrants would lose their professional licenses under a bill being considered by the Pennsylvania Legislature. The “one-strike-and-you’re-out” law would yank licenses for first-offense violations.

What’s the difference between an independent contractor and an employee?

10/26/2011
Q. How do I know when to classify a worker as a contractor or a true employee?

Be prepared to show business necessity if ­hiring rule excludes members of protected class

10/26/2011

Hiring rules that end up excluding many applicants who belong to a protected class can spell big trou­ble. That’s because if the rule has a disparate impact on any particular protected class, it may be invalid and could become the basis for a lawsuit. At a minimum, be prepared to show that the rule is based on business necessity.