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Hiring

Non-Minorities can’t sue on basis of minority discrimination

03/01/2008

Good—and somewhat obvious—news: Job applicants who are not members of a protected class can’t sue for discrimination on the basis that an employer’s hiring practices discriminate against minorities …

What questions are off limits when talking to references and past employers?

03/01/2008
 Q. I understand that it’s illegal to ask applicants certain personal questions. But are there any questions I can’t ask a reference or previous employer? …

Former employees can sue for retaliation, too

03/01/2008
Until recently, courts generally have ruled that retaliation applies only to current employees. But thanks to a recent 4th Circuit Court of Appeals decision, which covers North Carolina employers, it’s now clear that former employees can sue for post-discharge actions when their claims involve the Fair Labor Standards Act …

Undocumented workers jailed

03/01/2008
Three illegal immigrant workers arrested in a raid at Smithfield Foods’ Tar Heel packing plant have been sentenced to 18 months of imprisonment, followed by deportation. All three pleaded guilty to fraud and misuse of documents …

If possible, manager who hired should be the same one who fires

03/01/2008

It stands to reason that a manager who thinks enough of an applicant to hire her won’t turn around and fire her a few months later in a fit of discrimination, especially if the applicant belonged to a protected class. That’s why it makes sense to have the same people who made the hiring decision be part of the termination process if the need should arise …

Workers told to ‘Go back and pick cotton’

03/01/2008

Darryl Hall, a black warehouse worker for Detroit Forming Inc., will have his day in court after the Michigan Court of Appeals reversed a lower court’s ruling on his race discrimination case. Hall testified that company owner Leigh Rodney told workers at a shift meeting that if they didn’t like the way he ran the company, they could “go back and pick cotton.” …

Warn hiring managers: No reference to age allowed

03/01/2008

It seems like such a simple rule. Never comment on an applicant’s age or other protected characteristics. Remind managers it takes just one stupid comment to provoke a lawsuit. Emphasize that refusing to interview a qualified candidate because of a stated prejudice almost automatically qualifies as an adverse employment action. That makes it almost certain you will lose.

Setting skill and experience minimums can stop lawsuits

03/01/2008
When it comes to hiring and promotion, one of the best things you can do to protect your organization from lawsuits is to clearly explain the qualifications and experience needed before you schedule an interview with a candidate …

Paying candidates for interviews: Folly or the future?

03/01/2008

In many cases, the best candidates for your job openings aren’t in the job market. They’re happily employed elsewhere, and they need a major incentive to show up at your door for an interview. A new start-up job board intends to create that incentive …

The fine art of silence: When saying less can be more

03/01/2008
Anyone who has watched the political debates this year has seen a lot more talking going on than listening. The same thing can happen in the workplace. For various reasons—nervousness, ego, control issues—managers sometimes “overexplain” an issue or fill the silence with unnecessary words …