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Hiring

Beware discrimination risks of off-the-shelf job testing software

12/05/2012

If you use off-the-shelf pre-employment tests to screen applicants, watch out! You could be setting yourself up for years of litigation if a disappointed applicant sues and alleges some form of discrimination. Reason: Such commercial tests are in the EEOC’s cross hairs.

Hiring: List experience requirements, too

12/03/2012
When posting job openings, don’t focus solely on educational re­­quirements. Instead, be sure to clarify that job experience is also required—and provide specific examples.

What are the downsides of personality tests?

12/03/2012

Q. We are thinking about using personality tests to evaluate whether applicants would be friendly and communicate well with our customers. Does using such a test expose us to potential lawsuits?

Must we favor disabled applicants?

12/03/2012

Q. If we have several qualified applicants for a job, are we required to select a qualified applicant with a disability over other applicants without a disability?

Overqualified or too old? Firm must answer to EEOC

12/03/2012
The EEOC is suing Amerisource-Bergen Corp., claiming the pharmaceutical distributor violated the Age Discrimination in Employment Act when it failed to hire a 60-year-old man for a telecom manager position.

Why you must retain applications and résumés

12/03/2012
It isn’t unusual for disappointed applicants to file frivolous failure-to-hire lawsuits. Your best shot at a quick dismissal is proof that the applicant wasn’t qualified. An application or résumé can do that.

A step-by-step guide to legally safe hiring practices

11/27/2012
Hiring is one of the most difficult and legally dangerous tasks for supervisors. Just a few ill-timed words in a want ad or interview can trigger a legal complaint. Here are the key liability hot spots to watch out for in the hiring process:

Did the Fair Credit Reporting Act just change?

11/15/2012
Q. What were the recent changes to the Fair Credit Reporting Act?

Steer clear of blanket hiring policies that stymie disabled applicants

11/15/2012

Do you have a standard hiring rule that effectively screens out some job applicants? If so, scrap it. Instead, consider each applicant on his or her merits, especially if the rule could harm applicants with certain disabilities.

Worried candidate is too volatile to promote? Reason enough to give the job to someone else

11/11/2012
Some employees who are quick to anger may not have the interpersonal skills needed for a promotion, even if they are technically qualified to do the job. If you choose not to promote a hothead, few courts will second-guess your decision …