HR Law 101: Protecting yourself and your company from lawsuits starts the minute you decide to hire someone. Potential lawsuit land mines line your path. Federal laws provide a patchwork of legislation protecting workers and applicants from discrimination by employers ...

HR Law 101: Even though job descriptions are absolutely essential, too few employers use them effectively, and some even view them as a nuisance. Every employer should maintain a file of up-to-date job descriptions for all the positions in the organization ...

HR Law 101: Make sure your job advertisements are based on accurate, up-to-date job descriptions and comply with anti-discrimination laws. Don’t use phrases like “perfect for college students” or “ideal for working mothers” …

HR Law 101: Most organizations ask candidates to fill out a job application. Make sure that yours meets federal, state and local requirements. Don’t ask for information that could be considered discriminatory ...

HR Law 101: Make it your policy never to hire a candidate without a reference/background check. Your organization could be held liable for “negligent hiring” or “failure to warn” should the employee turn violent on the job. If the employee’s past history would have revealed a problem but you didn’t spot it because you didn’t check, the courts will say you “should have known.” Your firm not only might have to pay damages but also would suffer a loss of reputation ...    
 

HR Law 101: Much of the information employers avoid asking for on a job application becomes apparent when hiring managers meet someone face-to-face (such as race, age, physical disability and national origin). So, you must take extra care not to ask questions or make comments that an applicant might construe as discriminatory ...

HR Law 101: Many organizations use pre-employment tests to screen applicants. But be aware of the risks involved. Unless you can demonstrate that a test measures job-related qualities and fulfills a business necessity, you could be exposing your organization to charges of discrimination ...

HR Law 101: A “protected” applicant is a person with one or more of the characteristics defined by Title VII of the Civil Rights Act of 1964 (race, color, sex, national origin, religion), is age 40 or older or has a disability. If your hiring process tends to screen out certain classes of applicants, you could be libel for discrimination ...

HR Law 101: The Immigration Reform and Control Act (IRCA) makes it unlawful for employers to recruit, hire or employ illegal aliens. IRCA requires that all employers (regardless of the size or type of business) verify the employment eligibility of all new hires within three business days of the date of employment ...

HR Law 101: The Americans with Disabilities Act prohibits discrimination against qualified applicants on the basis of a physical or mental disability. The law allows you to ask about an applicant's ability to perform a job's essential functions but not about a specific disability ...

HR Law 101: If you fail to do background checks on applicants for certain positions, you could make yourself vulnerable to a negligent-hiring lawsuit by any worker or customer who’s been hurt by a violent employee. You should check applicants’ backgrounds especially for positions such as day care worker, security guard and sales representative ...

HR Law 101: Some employers and employees choose to enter into an employment contract. Usually the worker is seeking job security, while the company wants to protect its trade secrets and sales territories. However, if you sign an employment contract, you may find that you’ve given away more than you bargained for ...