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Hiring

Even if jobs seem quite similar, feel free to use different hiring criteria

10/31/2011
Employers sometimes have several similar jobs that require almost identical skills, certificates or training. But that doesn’t mean that all these positions can’t have different hiring requirements. Just make sure you can justify the differences.

Safety first if alleged sex offender applies

10/31/2011
An employer that knows an applicant has been accused of sexual harassment or abuse can use that as grounds for refusing to hire. That’s true even if the applicant was never found criminally guilty or lost a lawsuit based on the allegations.

Company, man with dreadlocks settle after jury deadlocks

10/31/2011
Lawrence Transportation has reached a settlement with a job applicant whom it refused to hire unless he cut off his dreadlocks. In addition to an undisclosed payment, the company agreed to implement and enforce policies banning religious discrimination and provide anti-­discrimination training to all employees.

In Pittsburgh, HIV test and pulled offer prompt ADA suit

10/27/2011
Pittsburgh-based Capital Healthcare Solutions faces a disability discrimination suit after it rescinded a job offer to an HIV-positive applicant. The EEOC sued on the applicant’s behalf, claiming Capital Healthcare rescinded its job offer solely on the basis of the man’s disability …

Will hiring aliens cost PA businesses their licenses?

10/27/2011
Pennsylvanians who knowingly hire illegal immigrants would lose their professional licenses under a bill being considered by the Pennsylvania Legislature. The “one-strike-and-you’re-out” law would yank licenses for first-offense violations.

What’s the difference between an independent contractor and an employee?

10/26/2011
Q. How do I know when to classify a worker as a contractor or a true employee?

Be prepared to show business necessity if ­hiring rule excludes members of protected class

10/26/2011

Hiring rules that end up excluding many applicants who belong to a protected class can spell big trou­ble. That’s because if the rule has a disparate impact on any particular protected class, it may be invalid and could become the basis for a lawsuit. At a minimum, be prepared to show that the rule is based on business necessity.

Absolute ban on all who fail drug test upheld

10/25/2011
The 9th Circuit Court of Appeals has refused to reinstate a lawsuit based on a “one strike, you’re out” drug testing policy.

Disability group honors 9 firms for leadership

10/20/2011

The National Organization on Disability has cited nine companies for making the hiring of employees with disabilities a corporate priority. The “Fine Nine” include Sam’s Club, J.B. Hunt, Tyson Foods, Lowe’s, Aetna, Sodexo, ADP, Saint Barnabus Health Care System and Toys R Us.

EEOC says Texas Roadhouse won’t hire well-aged workers

10/18/2011
The EEOC has filed suit against the Texas Roadhouse, claiming the na­­tional restaurant chain discriminates against older workers by denying them “front of the house” hourly po­­si­­tions, steering them instead into kitchen jobs or refusing to hire them.