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Hiring

Outsourcing hiring doesn’t save you from liability

10/19/2009

As you try to cut costs in a tough economy, it may be tempting to outsource some HR functions to an independent contractor instead of continuing to do them in-house. Before you make that move, consider this: Employers may be liable for discrimination practiced by the outsourced independent contractor.

EEOC says it’s legal to ‘encourage’ minorities to apply; but don’t say you’re ‘seeking’ them

10/16/2009

If you tack the phrase “women and minorities are encouraged to apply” onto the end of a help-wanted ad, could that be construed as race or sex discrimination? In a carefully worded opinion letter, the EEOC has said “no.”

Banning Twitter/Facebook now the majority HR policy

10/15/2009

More than half (54%) of chief information officers nationwide say their companies don’t allow employees to access social networking sites for any reason while at work, according to a new Robert Half Technology survey. A separate CareerBuilder survey found that 45% of employers report using social networking sites to screen candidates—more than double the number from a year ago.

Don’t overreach when seeking balanced hiring

10/15/2009

If you’re looking to remedy past discrimination by adopting employment policies that encourage minority hiring, watch out! You may be vulnerable to a reverse discrimination lawsuit. That may be true even if your policies resulted from a court order to address discrimination.

Signed drug testing form good enough to satisfy DATWA

10/15/2009

The Drug and Alcohol Testing in the Workplace Act says, “Before requesting an employee to undergo drug or alcohol testing, an employer shall provide the employee with a form, developed by the employer, on which to acknowledge that the employee has seen the employer’s drug and alcohol testing policy.” Does that mean the employee has to sign the form immediately before the test is administered?

Vikings defensive tackles now on offense over drug tests

10/15/2009

The 8th Circuit Court of Appeals in late September upheld a lower court ruling that the National Football League cannot suspend Minnesota Vikings defensive tackles Kevin Williams and Pat Williams for violating the sport’s drug policy.

Indefinitely retain records of veteran hiring

10/13/2009

A new law, the Veterans’ Benefit Improvement Act, makes it absolutely critical for you to retain records of how you handled any hiring process involving military veterans. Those covered by USERRA now can sue at any time, no matter how long ago an employer allegedly violated their rights. Fortunately, the 7th Circuit has ruled that the law isn’t retroactive.

Post promotion openings to cut down on lawsuits

10/13/2009

Employers that rely on informal announcements and word of mouth to promote employees, take note: If a supervisor knows an employee would be interested in such a position and doesn’t let him know it is opening up, a court may allow a failure-to-promote lawsuit even if the employee never applied.

Recruiting college students? Consider all ages

10/13/2009

If you have a robust college-student recruiting program, make sure you consider students from all age groups for your open positions—co-op and internship programs, too. That way, other employees can’t point to your college-student recruiting program as direct evidence of age bias.

Detail concerns before ordering fitness exams

10/13/2009

Under EEOC guidelines, employers can demand a fitness-for-duty exam if they can prove they have a reasonable belief—based on objective evidence—that an employee’s medical condition will impair his or her ability to perform the essential functions of the job or pose a safety threat. If you believe either is the case, make sure you document your objective and reasonable beliefs before demanding the exam.