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Hiring

Can I ask about attendance without violating ADA?

02/07/2011
Q. When interviewing prospective employees, will I violate the ADA by asking how many days of work they missed during the past year at their prior jobs?

Applicant has solid work history? That’s a legitimate reason for promotion

02/07/2011
Sometimes, it’s hard to distinguish one applicant from another. That’s especially true for unskilled positions. How do you choose? If one of the factors you use is work history, rest assured it is unlikely your choice will be challenged successfully.

I-9 issues: To copy or not to copy employee ID documents? (and 4 other I-9 problems that cause employer headaches)

02/01/2011
It is remarkable that a seemingly simple, one-page form—the Form I-9—can cause so many headaches. But who says government forms are easy, much less an immigration-related form? Here are the most common mistakes employers make in filling out the Employment Eligibility Verification form.

Key EEOC lawsuit focuses on credit-check bias

02/01/2011
The EEOC made headlines recently when it filed suit against Kaplan Higher Learning, accusing it of discriminating against black applicants through the way it checks candidates’ credit histories. A handful of states, including Illinois and Washington, ban or severely limit use of credit checks in hiring.

No requirement to tell about drug retest rights

01/28/2011

North Carolina has stringent rules to ensure that employers test their employees for drug use in an accurate and reliable way. The law requires retaining enough of the blood or urine sample so a second test can be conducted if necessary. However, the law doesn’t require employers to tell employees about their retesting rights.

When hiring, never mention age–to anyone

01/28/2011

Many employers have lost failure-to-hire cases alleging age discrimination because a manager involved in the hiring process mentioned age at some point during the process. The comment need not even be made to the job applicant’s face. Anything age-related said to a co-worker is fair game in court, too.

Newark software firm settles H-1B visa complaint

01/28/2011
Newark-based Peri Software and its owner have agreed to pay $638,449 in back wages and interest to 67 employees after the company misused the H-1B visas the workers used to enter the United States.

No private ‘do-over’ if applicant flunks test

01/28/2011
Do you use standardized tests to determine if applicants meet the minimum requirements for a job? If so, remember this: An applicant who fails a fairly administered test (after receiving a conditional offer of employment) can’t go out and take the test privately and then demand reconsideration.

Food services firm serves up support for military employees

01/27/2011
The 3,000 military veterans, National Guard members and reservists who work for Gaithersburg, Md.-based Sodexo have their own club: the year-old HONOR group. The networking group within the giant food-services company offers support, guidance and resources to employees and families connected to the military.

Strength in numbers: Lawsuit-proof your hiring process with double-team interviews

01/25/2011
You can help prevent hiring lawsuits with one simple tactic: Have two company representatives sit in on interviews. Then have both reps deliver the news when you have to tell an applicant she wasn’t selected. As this case shows, that extra effort can be insurance against a nasty “he said/she said” lawsuit.