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Hiring

Conducting background checks that comply with the FCRA

04/14/2009

Employers that hire outside firms or investigators to conduct employee investigations and background checks must make sure those vendors strictly comply with the Fair Credit Reporting Act (FCRA). Failing to do so can result in substantial legal risks, including damages, penalties, fines, punitive damages and attorneys’ fees awards.

Using subjective hiring factors? Make sure you can clearly explain later

04/14/2009

Here’s an important reminder to managers and supervisors who interview candidates and use subjective characteristics to make hiring and promotion decisions: They’d better be able to explain exactly what led them to make the decisions they made. Interviewers should keep careful notes, including the specific questions they asked, as well as how the candidate answered the question.

Lost in translation: Remind foreign managers about U.S. age discrimination laws

04/09/2009

Discrimination at work is perfectly legal in some countries, and foreign-born managers and executives who work for U.S. employers may sometimes say things that show ignorance of U.S. laws. Those words can come back to haunt an employer that is sued for age discrimination.

Dayton settles race discrimination suit with DOJ

04/07/2009

The city of Dayton and the U.S. Department of Justice (DOJ) have agreed to settle a race discrimination suit over the city’s hiring practices at its police and fire departments.

Austin debate: Penalize employers of illegal immigrants?

04/07/2009

Texas Attorney General Greg Abbott has issued an opinion letter that says state lawmakers have the authority to enact legislation sanctioning employers that knowingly hire undocumented workers.

In down economy, it’s more important than ever to track every résumé submission

04/07/2009

If you have a fairly informal job application process, now’s the time to firm it up. The prolonged economic downturn means you’re likely to receive more and more applications. And that means more potential for lawsuits from unsuccessful job seekers.

Employers: Start using revised Form I-9 on April 3

04/03/2009

Effective April 3, 2009, employers in the United States are required to use a revised version of the I-9 form. Here are the details, plus a Q&A from the U.S. Citizenship and Immigration Services (USCIS) … 

On race, the customer isn’t always right

04/02/2009

When it comes to whom you employ, pay no attention to your customers’ preferences if they lead you to make illegal decisions. Simply put, employers can’t consider what race or ethnicity their customers or clients would prefer when making hiring decisions. That would be discrimination.

Proposed N.Y. law would stymie credit checks on job applicants

04/02/2009

The New York State Legislature is considering restricting employers’ ability to check job applicants’ credit. Critics of pre-employment credit checks have noted that the economic downturn has forced many people to miss payments, and that the practice may unreasonably rule out large numbers of applicants.

What should we do? Applicant refused to authorize background check

04/02/2009

Q. An applicant, citing reasons of privacy, has refused to sign the written authorization to permit a background check. What can we do?