• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Hiring

The legality of requiring job application fees

08/05/2008

Q. We have a problem with applicants who pass the pre-hiring process but then decide for some reason that they don’t want the job after all. They fail to show up their first day on the job. By that time, we have already spent time and money on drug tests and orientation, and turned down other promising applicants. Can we require applicants to submit fees to apply, which we will refund if we don’t hire them, or if they remain employed for a minimum period of time? …

Plant owners—And managers—Charged with employing illegals

08/04/2008
The owners and three managers of Action Rags USA, a used clothing plant in Houston, have been charged with conspiracy to harbor illegal immigrants and inducing illegal immigrants to come to the United States …

Prepare hiring managers to explain interview assessments

08/04/2008
Sometimes employers need to get a feel for exactly how a candidate will react under stress. For jobs such as police officers, it’s appropriate to assess behavior and make subjective performance assessments. Beware, however, that subjective hiring processes often invite discrimination lawsuits from rejected applicants …

Beware! Now it’s even easier for disabled employees to sue

08/04/2008
A new federal appeals court case has made it easier for employees in the 5th Circuit to sue for disability discrimination. To prove disability discrimination, employees need to show only that the disability was a “motivating factor” in an employment decision, not the sole cause …

CNBC ranks Texas nation’s top state for business

08/04/2008
A recent study conducted by CNBC concluded that Texas is “America’s Top State For Business.” The cable TV news study scored each state on 40 measures of competitiveness covering 10 categories … Texas’ highest rankings were in economy, technology and innovation, transportation and cost of living.

The Genetic Information Nondiscrimination Act finally becomes law

08/04/2008
President Bush recently signed into law H.R. 493, also known as the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits employers from using genetic tests or information to discriminate against applicants and employees …

Federal jobs appeal to young workers

08/01/2008
Mass retirements of baby boomers and an increased need for security professionals have Uncle Sam on a hiring spree—and looking at your young employees …

Tell managers: You must let disabled applicants prove merit

08/01/2008
Disability rights groups sometimes target specific employers to see whether they harbor latent disability discrimination tendencies. An advocate will call a prospective employer and inquire about an open position. The prospective employer can’t say no to an interview without risking a disability lawsuit. But agreeing to the interview is only the beginning …

Beware too much emphasis on candidate’s demeanor

08/01/2008
The more subjective factors you use to set one applicant apart from another, the more likely a court will challenge your decision-making. That’s because some judges and juries may see subjective judgments such as “aggressive” or “confrontational” as code for some form of discrimination …

Measure effectiveness to make sure flex plans work for you

08/01/2008
Your organization wouldn’t offer flexible work arrangements like flextime and compressed workweeks if managers didn’t believe the benefits—better employee engagement, recruitment and retention—outweighed the costs. Still, a recent survey by Hewitt Associates found that few organizations have formal and consistent policies in place to manage their flex programs …