Hiring

Job applications: How to create a legally safe form

07/02/2007

No single federal law governs job applications. Your biggest risk is asking unnecessary questions that run afoul of federal or state laws banning job discrimination on the basis of sex, age, race, religion, national origin or disability. But, done right, your application can be a great tool to communicate important information …

When same manager hires and fires, it’s unlikely to be discrimination

07/01/2007

The New York Human Rights Law, like Title VII of the federal Civil Rights Act, makes it illegal to fire an employee because of his or her race. Both laws also recognize that it’s unlikely that a manager who is aware of an employee’s race when hiring would turn around and fire the same employee because of race …

Check policies for impact on older applicants and employees

07/01/2007

Ever since a U.S. Supreme Court ruling in 2005, older workers and applicants have been able to prevail in age discrimination suits if they can show that an employer’s policy or hiring standard has a so-called “disparate impact” on those over 40 years old …

Don’t post promotion opportunities? It’s time to reconsider

07/01/2007

Think twice if your company relies on informal in-house recommendations to fill open positions. The courts look suspiciously on such “networking” promotions and land hard on employers that don’t post job openings …

Running background checks? Use conviction, not arrest, to exclude applicant

07/01/2007

The Illinois Human Rights Act makes it illegal to discriminate on the basis of a previous arrest record or criminal history that has been expunged, sealed or impounded. However …

Limited scope of Georgia’s ‘First offender’ law

07/01/2007

Q. We recently rejected an applicant for employment after a background check revealed that he was fired from a previous job for stealing. He has since advised us that he received “first offender” treatment for the crime, and that the rejection therefore violates his rights. Is he correct?

Unsuccessful applicants have rights regarding criminal background checks

07/01/2007

Q. Our company uses the sheriff’s office to run criminal background checks on all finalists for employment. Our application form notifies the applicants that their criminal histories might be reviewed, but we do not provide any further notice to them. Our new personnel director is adamant that this practice is in violation of the federal Fair Credit Reporting Act (FCRA). Is she correct?

Hiring

Job applications: How to create a legally safe form

When same manager hires and fires, it’s unlikely to be discrimination

Check policies for impact on older applicants and employees

Don’t post promotion opportunities? It’s time to reconsider

Running background checks? Use conviction, not arrest, to exclude applicant

Limited scope of Georgia’s ‘First offender’ law

Unsuccessful applicants have rights regarding criminal background checks

Good faith and bad references

‘One-Man death squad’ headed Palisades nuclear plant security

Prevent hostile-environment lawsuits: No teasing allowed

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