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Hiring

Foreign-born worker sues? Know difference between national origin and immigration status

03/29/2012
While it is illegal to discriminate against an individual based on his or her national origin, that doesn’t mean that discrimination against someone based on her immigration status is forbidden. That’s because immigration status isn’t tied to a particular national origin.

Greensboro mulls settlement in race discrimination lawsuit

03/23/2012
The city of Greensboro is considering an offer to settle a racial discrimi­­na­­tion lawsuit filed by longtime athletic director Jean Jackson. Jackson, who is black, claims the city regularly promotes white employees to management jobs without openly advertising the positions.

No application on file, no failure-to-hire claim

03/22/2012

People who want a job must actually apply for it before they can allege they weren’t hired for discriminatory reasons. It’s easy to prove someone didn’t apply. Simply post job openings and retain all applications.

Let ’em know: Post all promotion opportunities

03/12/2012

Here’s an easy fix for a poten­tially big problem: Post all promotion openings. If you do, only employees who actually apply can take you to court. That can save thousands in legal fees and lost pro­ductivity.

2 great candidates? Document why you chose 1

03/09/2012

How you choose among candidates for promotion may spell the difference be­­tween losing and winning a lawsuit. Always document the decision-making process, especially when candidates are equally qualified. Later, you may have to explain the decision in court—and your reason had better be a good, business-related one.

Can we ask about disabilities before hiring?

03/08/2012
Q. We recently extended an employment offer to someone who was later determined to be unable to perform the job’s essential functions due to a visual impairment. As a result, we wasted a significant amount of time. Aren’t workers obligated under the ADA to disclose that they suffer from a disability?

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: