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Hiring

Stay out of court by establishing clear job-Posting rules

02/01/2008

If, like many organizations, you try to promote from within, make certain you have a clear process that someone in HR oversees. Otherwise, managers and supervisors who have specific people in mind for promotion may “tip off” some employees while leaving others in the dark, opening the possibility of discrimination claims …

You can require ‘Cultural authenticity’ in some circumstances

02/01/2008

Some retail and service establishments strive to create an authentic experience for their customers. That may mean they seek out employees who can best create that experience. That “cultural authenticity” may be a bona fide occupational qualification, and rejecting applicants who don’t fit the mold may be legal. But don’t go overboard and eliminate everyone who doesn’t look or act authentic …

Florida among best states for entrepreneurs

02/01/2008

Florida is second in the nation in encouraging start-up businesses, a study by the Fraser Institute has found …

Miami Herald outsources advertising production to India

02/01/2008

The Miami Herald, published by California-based McClatchy Co., has outsourced some production work in its special advertising sections to India …

No California recession on way, says UCLA Anderson Forecast

02/01/2008

The most recent UCLA Anderson Forecast lowered its California job-growth estimates from the already weak numbers that it forecast last year, but included a silver lining in an otherwise cloudy report by predicting that the state would avoid recession …

Objective, unwavering criteria is key to litigation-Proof promotions

02/01/2008

A lawsuit is the last thing you want after making a promotion decision. The best way to stay out of court is to insist on objective promotion criteria …

Managers: Never presume ‘What’s best’ for employees

02/01/2008

Few things spur a discrimination suit as fast as a manager’s misplaced paternalistic comment. Remind supervisors that employees should choose for themselves what promotion or training opportunities they want to pursue. Presumptions about what they might prefer or would be comfortable doing don’t belong in the workplace …

Inappropriate info on old applications

02/01/2008

Q. I was recently hired as the first-ever HR director for a company that has been in business for more than 40 years. While reviewing employee files, I was aghast to find applications from the late ’70s and early ’80s asking very inappropriate questions—the applicant’s political party, religious faith and even family planning goals. I know times have changed, and the company’s applications have been EEO-compliant for more than 20 years. But I worry that the company will get in trouble with the EEOC or other government agencies if the old applications are found in our files. Should I have older employees who filled out the inappropriate applications all those years ago complete and submit current EEO-compliant applications? …

When discouraged applicants sue, don’t ‘Blacklist’ them

02/01/2008

Here’s a trap you should be aware of: An applicant who sues when he isn’t hired often keeps on applying—and then turns around and claims that you “blacklisted” him in retaliation for the lawsuit. Here’s how you should respond …

Hiring managers must review all applicants’ qualifications

02/01/2008

If someone sues you because she didn’t get hired or promoted, the hiring manager better be able to explain the selection criteria. Many can’t. That’s why it’s crucial for HR to oversee hiring and promotion processes and make absolutely certain you can document how the decision was made …