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Hiring

Background check into workers’ comp claims isn’t subject to Fair Credit Reporting Act

03/08/2012
Here’s some good news for em­­ployers that check workers’ compensation claims against an applicant’s claim he’s never been injured on the job: You don’t have to inform him where you got the information be­­fore you take action because workers’ comp checks aren’t background in­­vestigations subject to the federal Fair Credit Reporting Act.

Survive EEOC crackdown on background checks, leave policies

03/08/2012
The EEOC received a record 99,947 charges in 2011. Given this sharp increase in charge activity, now’s a good time to review your personnel policies. Consider two EEOC enforcement trends: scrutiny of background checks and inflexible leave policies.

How often do you review and revise job descriptions?

03/06/2012
The need to hire someone new is the major impetus to revise job descriptions.

Reference checks: How to dig the dirt–legally

02/28/2012

As part of the hiring process, supervisors are sometimes called on to check an applicant’s references. Those phone calls can help you accurately assess a person’s strengths, weaknesses and past job performance. But checking references can also be challenging—and legally tricky. Here are six guidelines for soliciting information without bumping into legal issues:

Interviewing: The 10 most common manager mistakes

02/27/2012
Conducting job interviews requires managers to strike a tricky balance between politeness and assertive evaluation. One wrong word or action can drive an applicant away—or even trigger a lawsuit. Warn managers to avoid these top 10 mistakes when interviewing job candidates.

Bias against the unemployed: States and feds pushing bills

02/24/2012
Last year, New Jersey became the first state to make it illegal for employers to refuse to hire applicants just because they’re unemployed. And Presi­­dent Obama’s jobs bill would make it an un­­lawful. Outlook: Look for more states to pass such laws, but it won’t get through Congress this year.

When making reference-check calls, take and retain good notes

02/23/2012

Sometimes, it’s a close call to decide who will be the best fit for a job. Checking applicants’ references can break that tie. Just make sure you take careful notes during those discussions, and retain those notes in case there’s litigation.

What’s our duty to accommodate a religious need we just learned about?

02/22/2012
Q. An employee we hired a couple weeks ago just told us that he is Muslim and can’t work on Fridays. During the interview, he was asked whether anything would prohibit his working a proposed schedule that specifically included Fridays. He said no, in writing. Can we let this guy go?

No promotion postings? You’re courting a bias suit

02/22/2012
Employers that don’t post internal promotion opportunities are risking unnecessary lawsuits. The fact is, when jobs aren’t posted, employees can sue over the lost opportunity to apply.

Audit hiring patterns to spot hidden age bias

02/22/2012

When employers choose the youngest candidate for a job, older candidates may suspect age bias played a role. That could mean a lawsuit is looming. If a disappointed applicant sues, it won’t help the employer that the overall candidate pool included many older applicants. What matters is who was selected.