Interviewing

What are the basics of complying with the new Genetic Information Nondiscrimination Act?

02/09/2010

Q. I read the article last month (“Follow 5 steps to make sure GINA doesn’t trip you up”) regarding the recent passage of the Genetic Information Nondiscrimination Act. What should we do to make sure that we are not violating this law?

New site gives ammo to applicants left hanging

02/08/2010

If your organization doesn’t respond to interviewed-but-rejected applicants, a new web site gives those candidates a way to show their displeasure—anonymously.

The hidden risks of hiring based on ‘chemistry’

02/01/2010

While subjective factors such as chemistry can play an important role in hiring, studies show that differences in race, gender and culture may subconsciously influence these feelings—and set you up for a discrimination complaint. Courts have flatly stated that the more subjective factors you use in hiring, the more likely a court will challenge your decision-making.

Tell managers: No talk of hiring preferences

01/22/2010

As hard as it is to believe, some managers still think they can use sex or race as the reason to hire one qualified applicant instead of other qualified candidates. Of course, that’s wrong, and it could trigger a discrimination lawsuit if word gets out. That’s why you should remind everyone involved in the hiring process that his or her decision must be blind to personal characteristics.

When hiring, don’t overvalue interview skills

01/11/2010

Does your organization’s hiring process rely heavily on how applicants handle themselves during job interviews? If so, be aware that courts are often suspicious of such inherently subjective decision-making. If an applicant who belongs to a protected class can demonstrate qualifications that were at least as good or better than those of the chosen candidate from a different class, a court may conclude that interview performance was a smokescreen for discrimination.

Rutgers settles race bias case with maintenance workers

01/06/2010

Four minority maintenance workers have settled their race discrimination case with Rutgers University. According to The Star-Ledger, the workers—three black and one Hispanic—alleged they were consistently passed over for promotion in favor of white employees.

Family ties: Discrimination trend … and trap!

11/10/2009

Discrimination against employees because of their family caregiving duties has become a hotbed for litigation against employers, and every indication is that this trend will continue. So it’s critical for employers to recognize the potential for liability and take necessary steps to avoid being the next defendant. Here’s how.

Use clear criteria to ensure bias-free hiring

11/02/2009

Judges rarely second-guess the decisions of employers that use reasonable methods to hire or promote the best candidates. By using objective criteria and documenting the selection process, savvy employers win most cases.

Exception to the rule: You can ask different questions to internal and external applicants

10/19/2009

One of the cardinal rules of hiring is that you should ask all applicants the same questions. But even good rules can sometimes be broken … when it makes good sense. For example, if you are interviewing both internal and external applicants for an open position, it’s perfectly logical to ask internal applicants some different questions …

Outsourcing hiring doesn’t save you from liability