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Hiring

Check policies for impact on older applicants and employees

07/01/2007

Ever since a U.S. Supreme Court ruling in 2005, older workers and applicants have been able to prevail in age discrimination suits if they can show that an employer’s policy or hiring standard has a so-called “disparate impact” on those over 40 years old …

Don’t post promotion opportunities? It’s time to reconsider

07/01/2007

Think twice if your company relies on informal in-house recommendations to fill open positions. The courts look suspiciously on such “networking” promotions and land hard on employers that don’t post job openings …

Running background checks? Use conviction, not arrest, to exclude applicant

07/01/2007

The Illinois Human Rights Act makes it illegal to discriminate on the basis of a previous arrest record or criminal history that has been expunged, sealed or impounded. However …

Limited scope of Georgia’s ‘First offender’ law

07/01/2007

 Q. We recently rejected an applicant for employment after a background check revealed that he was fired from a previous job for stealing. He has since advised us that he received “first offender” treatment for the crime, and that the rejection therefore violates his rights. Is he correct?

Unsuccessful applicants have rights regarding criminal background checks

07/01/2007

Q. Our company uses the sheriff’s office to run criminal background checks on all finalists for employment. Our application form notifies the applicants that their criminal histories might be reviewed, but we do not provide any further notice to them. Our new personnel director is adamant that this practice is in violation of the federal Fair Credit Reporting Act (FCRA). Is she correct?

Good faith and bad references

07/01/2007

Q. How do I give a reference for a worker I had to fire?

‘One-Man death squad’ headed Palisades nuclear plant security

07/01/2007

Officials are investigating a possible security breach at the Palisades nuclear power plant after Esquire magazine ran a profile of the plant’s head of security. Turns out, William Clark bragged about being a hit man …

Prevent hostile-environment lawsuits: No teasing allowed

07/01/2007

Many employees today are sensitive about their ethnic backgrounds, but may hesitate to report teasing or name-calling for fear of being seen as troublemakers. That means a lawsuit could be brewing …

Georgia CEO says immigration bill doesn’t equal amnesty

07/01/2007

Some call the on-again, off-again (on, as of press time) U.S. Senate immigration-reform bill an offer of “amnesty” for millions of lawbreaking, undocumented immigrants. But Tommy Bagwell, CEO of American Proteins, Inc.—a poultry byproducts rendering plant in Cumming—says that’s hogwash …

Be prepared to explain each promotion decision

07/01/2007

One of the most important factors in promotion discrimination cases is also one of the easiest to control. The courts may not care that your decisions on whom to promote were perfectly rational; they want proof that you used the same factors for each candidate, flawed or not …