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Hiring

EEOC is on the lookout for ‘beauty bias’

08/07/2012
The EEOC is investigating the Marylou’s Coffee chain, looking into its apparent practice of hiring attractive young women. According to the Fisher Phillips law firm, “the EEOC’s big adventure raises a troubling question: Is the EEOC trying to establish that it’s illegal for an employer to prefer attractive employees over unattractive ones?”

Arizona immigration law struck down: What it means

08/06/2012
The U.S. Supreme Court overturned many of the provisions in a controversial 2010 Arizona immigration law. The impact, according to the Foley Lardner law firm, could be a chilling effect on state immigration laws.

DOJ: Corpus Christi’s police tests biased against women

07/31/2012
Between 2005 and 2011, the Corpus Christi Police Department hired 113 male entry-level police officers—and just 12 women. The U.S. De­­part­­ment of Justice thinks it knows the reason for the disparity: a physical ability test that most men can pass but few women can.

Hiring ‘gut decisions’ are dangerous; back them with clear, objective criteria

07/31/2012

Most managers want to choose the best candidate for the job. But assessing what constitutes “best” can often feel a bit subjective. That’s OK. Just make sure you can point to objective factors that back up your choice, e.g., experience, education or even the most recent performance evaluation.

May we ever ask about applicant’s religion?

07/27/2012
Q. When, if ever, can our company legally ask an applicant about his or her religious affiliation?

How should we craft a policy allowing us to refuse to consider unsolicited résumés?

07/27/2012
Q. Our company doesn’t want to consider applicants who send in unsolicited résumés. We are trying to come up with a legally sound definition for “applicant” so we can write an official policy. Any suggestions?

How long should we keep applications?

07/20/2012
Q. We are swamped with applications, most from people who don’t meet our basic requirements. We typically toss out applications that clearly aren’t from qualified applicants. Should we keep copies?

What’s the timetable for reverifying I-9s?

07/13/2012
Q. When should we reverify employees’ work eligibility on the Form I-9 they signed when they were hired?

When can we insist on a substance-abuse test?

07/13/2012

Q. A couple of weeks ago, an employee came into work smelling like alcohol. His supervisor later reported that day that the employee “acted drunk” in a staff meeting. Yesterday, one of the same employee’s co-workers indicated that the employee came back from lunch “smelling like marijuana.” Can these reports justify requiring the employee to undergo a drug or alcohol test?

Subjective hiring criteria are fine–if you can cite a sound business reason

07/13/2012

When you have several good applicants for a job opening, picking the best-qualified candidate isn’t easy. While you should be as objective as possible, the final decision can have a subjective element. Just make sure you document a good business reason to back up your choice.