Hiring

Use objective criteria, transparent process to ensure promotions are fair for everyone

02/01/2010

If your promotion processes are haphazard—devoid of objective criteria and without a clear system for choosing candidates—you could wind up facing a disparate-impact discrimination lawsuit. That’s one powerful reason to institute a clear promotion policy that includes posting job openings, creating application processes and relying primarily on objective selection criteria.

The hidden risks of hiring based on ‘chemistry’

02/01/2010

While subjective factors such as chemistry can play an important role in hiring, studies show that differences in race, gender and culture may subconsciously influence these feelings—and set you up for a discrimination complaint. Courts have flatly stated that the more subjective factors you use in hiring, the more likely a court will challenge your decision-making.

Tell managers: No talk of hiring preferences

01/22/2010

As hard as it is to believe, some managers still think they can use sex or race as the reason to hire one qualified applicant instead of other qualified candidates. Of course, that’s wrong, and it could trigger a discrimination lawsuit if word gets out. That’s why you should remind everyone involved in the hiring process that his or her decision must be blind to personal characteristics.

Vanguard settles Charlotte race bias case for $300,000

01/22/2010

The financial services firm Vanguard Group has settled a racial discrimination complaint with the EEOC for $300,000. The case involved Barbara Alexander, a black applicant for a financial planning manager position at Vanguard’s Charlotte office.

10 ways to welcome vets into your workforce

01/19/2010

More than 400,000 U.S. citizens retire or separate from the military every year—and most of them look for jobs when they do. Companies such as Union Pacific Railroad, GE and Home Depot actively recruit veterans. Your organization could probably benefit from hiring military veterans. To attract them, align your recruiting and employee benefits with their needs.

The HR I.Q. Test: January ’10

01/18/2010

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

Employers facing new version of I-9, increased enforcement

01/14/2010

Since 2009, employers in the United States have been required to use a revised version of the I-9 form. Plus, the federal agency that enforces workplace immigration laws has become much more aggressive in targeting employers. Here are the details, plus a Q&A from the U.S. Citizenship and Immigration Services (USCIS) …

Hair tests beat urine tests at identifying drug users

01/13/2010

A new study by Quest Diagnostics shows that hair-based drug tests reveal far more workplace drug users. Reason: Hair testing can identify usage going back up to three months, while urine testing is best at identifying drugs taken within the past three days.

Could we have refused to hire waitress who now refuses to sing ‘Happy Birthday’?

01/13/2010

Q. One of the waitresses working in our restaurant claims her religion forbids her from singing “Happy Birthday” to customers. If, during her interview, we had identified this requirement as an essential job function, and if she said she couldn’t sing the song for religious reasons, would we have been within our rights to refuse to hire her?

Heed legal risks of recruiting via Facebook, LinkedIn

01/12/2010

Employers seeking Internet-savvy candidates have been flocking to social media sites in the past year. But employers (and their lawyers) are discovering a hidden problem in that recruiting-by-Facebook strategy: Depending too much on the sites could leave your organization vulnerable to age and race discrimination lawsuits.