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Hiring

Supreme Court rules on pre-employment tests and disparate impact

06/18/2010
The U.S. Supreme Court in late May unanimously sided with a group of black firefighter applicants who alleged that the city of Chicago’s employment selection process had a disparate impact on them. The court said the timing of Title VII lawsuits doesn’t depend on when the alleged discriminatory act first occurred, but on when the employer acted on the results of that discriminatory act, even if that’s years later.

When determining fitness for duty, strictly limit medical inquiries to essential functions

06/18/2010

Employers aren’t allowed to delve into an employee’s disabilities or medical history when that employee wants to keep the information private—unless the employer can show a job-related reason for doing so. To qualify, the inquiry must be narrowly tailored to assess whether the employee is capable of performing the essential functions of his job. Broad questions often run afoul of the law.

Boca Raton firm charged with human trafficking

06/16/2010
The owners of a Boca Raton staffing company that placed Filipino immigrants in jobs at South Florida country clubs and hotels will stand trial for human trafficking following an indictment by a federal grand jury.

Stop lawsuits before they start: Set clear process for posting job opportunities

06/16/2010

It seems logical enough: Employees shouldn’t be able to sue over promotions they never applied for. But in some cases where positions were never posted, employees have successfully sued, alleging they would have applied had they known there was an opening. Fortunately, the 11th Circuit won’t allow those employees an automatic win …

The HR I.Q. Test: June ’10

06/16/2010
Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz …

No policies, no job descriptions, no training: A case study in how not to hire & promote

06/15/2010

Sometimes, the best lessons are learned from the worst examples. That’s often the case with HR management. When employers make big mistakes and have to pay for them in court, other employers with good practices—that maybe need just a little tweaking—can discover what not to do. Here’s a good example.

Remind hiring managers: What you wear during interview may invite discrimination lawsuit

06/14/2010

Have you reminded managers and supervisors that they should keep their dress professional when conducting interviews? If not, do so. Attire that’s too casual—especially if it features a potentially offensive logo or design—can easily lead to a discrimination lawsuit.

Just one applicant? You’re not required to hire

06/14/2010
It’s perfectly legal for an employer to decline to hire or promote someone even if he’s the only applicant. In fact, it may very well be a good business decision to wait under those circumstances.

Supreme Court rules on Chicago hiring test

06/14/2010
In a case coming out of Illinois, the U.S. Supreme Court has ruled that each time an employer uses the results of a test to select candidates for promotion creates a new opportunity for employees to challenge that test. That means if a test was invalid, its continued use may spur litigation long after the test was actually administered.

High Court: Bias clock resets with each hiring decision

06/10/2010
In a unanimous decision, the U.S. Supreme Court in May ruled that the lawsuit clock resets each time an employer uses apparently biased job-qualification tests to make hiring decisions. The court said the timing of Title VII lawsuits doesn’t depend on when the test was administered, but on when the employer uses the test results, even if that’s years later.