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Hiring

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:

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.