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Hiring

New employee not working out? Have hiring manager handle the firing

12/09/2009

Sometimes, you have to take a chance on a job applicant because the candidate pool isn’t filled with as much talent as you would like. Everyone knows picking a marginal candidate can turn out to be a mistake. If you find you have to terminate such an employee, have the same person who made the hiring decision also make the termination decision. That reduces the chance of a costly discrimination lawsuit …

During the hiring process, when is it OK to ask about disabilities?

12/09/2009

Q. Are there any circumstances where an employer can justify considering a prospective employee’s disability in making hiring decisions?

This winter’s forecast: ICE

12/09/2009

U.S. Immigration and Customs Enforcement (ICE) will be conducting I-9 audits of employers performing work on “critical infrastructure” over the winter months. About 1,000 employers—mainly in defense- and law enforcement-related industries—are being targeted for the audits. The new audit crackdown may be a sign of things to come.

Construction firm flagged for sex bias settles for $300,000

12/08/2009

Lisa Drozdowski worked as a flagger for Danella Construction, which operates in 10 states, including Ohio. She was often asked to help laborers perform other tasks on the job site. But when she applied for a laborer position, which pays better, she was told the company did not hire women as laborers. Drozdowski filed a complaint with the EEOC …

What are the pros and cons of doing Google searches on job applicants?

12/08/2009

Q. Currently, we don’t do any background investigations on job applicants. I’m considering instituting an informal background-screening program, whereby my HR director would conduct a Google search for every job applicant, in addition to looking at any Facebook, Twitter, LinkedIn and MySpace pages. I can’t imagine there’s any legal risk in researching information that is already publicly available on the Internet, right?

Have those who do the hiring also do the firing

12/04/2009

Here’s one of the easiest ways to reduce your chances of losing a race discrimination lawsuit: Make sure the same person or group who chose to hire an employee in the first place also makes the decision to terminate her. That makes it much harder for the employee to show she was fired for a discriminatory reason.

Can we make employees or applicants pay for medical examinations?

12/04/2009

Q. Under what circumstances, if any, can an employer require an applicant or employee to pay for his or her own medical or physical examination?

4 discriminatory hiring practices will lure EEOC to your door

12/03/2009

Since 2007, the EEOC has been engaged in a major push to stamp out race-based discrimination in hiring. Known as E-RACE, the initiative’s goal is to “eliminate recruiting and hiring practices that lead to discrimination by limiting an employer’s applicant pool.” When targeting employers for enforcement action, the EEOC often zeroes in on four recruitment and screening practices:

How does the Texas job reference law affect what I can say about former employees?

12/03/2009

Q. I recently received an inquiry for a reference regarding a former employee. Does the job reference law alter what I should disclose regarding this person’s employment history?

EEOC: Company illegally used credit, criminal records

12/01/2009

The EEOC has cited national convention marketing firm Freeman Companies with discriminatory hiring practices based on the company’s use of applicants’ credit scores and criminal background checks in hiring. The EEOC alleges the company’s hiring practices have a disparate impact on minorities and women.