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Hiring

Take notes on all reference-check calls

01/27/2012

Sometimes, it’s a close call to decide who will be the best fit for a job or promotion. There may be several candidates with the relevant education, training and experience. If that’s the case, the decision may come down to who has the best “soft” skills—subjective qualities indicating a good fit. Checking applicants’ references can break that tie.

What to do if disability emerges after offer

01/27/2012

Job applicants aren’t required to reveal dis­­abilities during the hiring process. That means you may occasionally find yourself making a job offer to someone you don’t realize is disabled. At that point, what you say and what you do may mean the difference between smoothly integrating a new employee into the workforce and a costly, drawn-out lawsuit.

May we ask applicants about their religion?

01/25/2012
Q. When, if ever, can our company legally ask an applicant about his or her religious affiliation?

Gov’t agencies: Time to rethink residency requirements?

01/25/2012
Many government agencies require applicants to live in the jurisdictions they will serve. There may be good reasons, too—like wanting public servants to understand the communities where they work or making sure they are available quickly in an emergency. That doesn’t mean those reasons won’t be challenged.

Big Pepsi settlement shows background check peril

01/25/2012
Pepsi Beverages will pay $3.1 million to resolve EEOC charges that it discriminated against minorities when it refused to hire applicants with arrest records.

Can we ask about disabilities before hiring?

01/20/2012
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?

ICE cools down S.D. eatery that hired undocumented workers

01/20/2012
A San Diego restaurant and catering company’s nine-year history of hiring undocumented workers came to an end in late 2011 when the owner pleaded guilty to federal charges.

Arbitration agreement buried in job application? Have your attorney review it ASAP

01/20/2012
Do you include an arbitration agreement in your employment applications? If so, it may not be enforceable, according to a recent decision by the Court of Appeal of California.

Immunize hiring processes against bias suits

01/20/2012
With so many qualified people applying for jobs these days, it’s much harder for unsuccessful candidates to win hiring discrimination lawsuits. That’s because em­­ployers choosing the best candidate often zero in on one bit of experience or a skill that stands out from other applicants. It’s hard to argue that that’s discrimination.

Sears aims to hire more military veterans in 2012

01/19/2012
Sears Holdings has publicly vowed to increase its hiring of veterans by 10% over the next year. Sears’ senior VP of human resources is a Navy veteran, who says as more military members return from active duty, U.S. employers have an obligation to support them, especially by offering jobs.