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Hiring

Hiring or promoting? OK to discount experience if it’s trumped by other factors

01/09/2013

When an employee or applicant claims she was passed over for a job because of discrimination, she generally has to show that she was clearly the best-qualified candidate for the position. Some will argue that cumulative years of experience trump other factors. That’s not always true.

Conduct background checks? Use new FCRA form

12/31/2012
Starting Jan. 13, 2013, employers that obtain background checks from consumer reporting agencies must give applicants and employees a new, updated version of the Summary of Rights under the Fair Credit Reporting Act form.

Before you’re sued: Check for bias patterns

12/18/2012

Do you regularly audit your HR records for signs of hidden bias? Would you know if members of a particular protected class were getting fewer promotions than others? The start of the new year is the perfect time to identify and correct any problems.

Court provides guidance on DATWA drug tests, time limits

12/12/2012
The Minnesota Court of Appeals recently gave employers some certainty regarding the state’s Drug and Alcohol Testing in the Workplace Act. But that certainty is a double-edged sword.

Conducting background checks on job candidates? Know how to comply with the FCRA

12/12/2012
If your organization conducts background checks on applicants or employees through a third-party company, you must comply with the Fair Credit Reporting Act (FCRA), which is enforced by the Federal Trade Commission. Here are the steps to comply with the FCRA, according to the U.S. Bureau of Consumer Protection:

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.