HIRING

The 'surge home': Welcome service members back to work

01/31/2012
U.S. combat operations in Iraq ended in December. The Depart­ment of Defense is gradually drawing down forces in Afghanistan. If you are re­­hir­­ing employees returning from military service, you must follow USERRA guidelines.

Court: New promotion test lists aren't discriminatory

01/31/2012
Employers that compile promotion lists based on test results should tell employees that the lists will be updated periodically.

Beware asking applicants about medical histories before making job offer

01/31/2012

Tempted to ask applicants about their past medical history, disabilities or other private information related to potential disabilities? Don’t do so before you make a job offer.

Feel free to authenticate suspicious documents

01/31/2012
Employers may be suspicious about a prospective worker’s claimed professional credentials or other certifications—especially if it seems like the documents may have been altered or forged. If you have such doubts, don’t hesitate to ask for clarification.

In Thomasville, prospective principal pockets $25,000

01/27/2012
Thomasville City Schools will pay $25,000 and provide age discrimination training to key personnel under a settlement agreement with a would-be school principal and the EEOC.

Prelude to promotion: No need to keep interviewing candidate you know is a bad fit

01/27/2012
Some employees are serial applicants, tossing their hats in the ring for every promotion opportunity that comes up. While they may be eternally optimistic, the constant interviewing can be a huge waste of time for managers who know, based on past interviews, that the employees won’t be good fits.

Take notes on all reference-check calls

01/27/2012

Sometimes, it’s a close call to decide who will be the best fit for a job or promotion. There may be several candidates with the relevant education, training and experience. If that’s the case, the decision may come down to who has the best “soft” skills—subjective qualities indicating a good fit. Checking applicants’ references can break that tie.

What to do if disability emerges after offer

01/27/2012

Job applicants aren’t required to reveal dis­­abilities during the hiring process. That means you may occasionally find yourself making a job offer to someone you don’t realize is disabled. At that point, what you say and what you do may mean the difference between smoothly integrating a new employee into the workforce and a costly, drawn-out lawsuit.

May we ask applicants about their religion?

01/25/2012
Q. When, if ever, can our company legally ask an applicant about his or her religious affiliation?

Gov't agencies: Time to rethink residency requirements?

01/25/2012
Many government agencies require applicants to live in the jurisdictions they will serve. There may be good reasons, too—like wanting public servants to understand the communities where they work or making sure they are available quickly in an emergency. That doesn’t mean those reasons won’t be challenged.

Big Pepsi settlement shows background check peril

01/25/2012
Pepsi Beverages will pay $3.1 million to resolve EEOC charges that it discriminated against minorities when it refused to hire applicants with arrest records.

Can we ask about disabilities before hiring?

01/20/2012
Q. We recently extended an employment offer to someone who was later determined to be unable to perform the job’s essential functions due to a visual impairment. As a result, we wasted a significant amount of time. Aren’t workers obligated under the ADA to disclose that they suffer from a disability?

ICE cools down S.D. eatery that hired undocumented workers

01/20/2012
A San Diego restaurant and catering company’s nine-year history of hiring undocumented workers came to an end in late 2011 when the owner pleaded guilty to federal charges.

Arbitration agreement buried in job application? Have your attorney review it ASAP

01/20/2012
Do you include an arbitration agreement in your employment applications? If so, it may not be enforceable, according to a recent decision by the Court of Appeal of California.

Immunize hiring processes against bias suits

01/20/2012
With so many qualified people applying for jobs these days, it’s much harder for unsuccessful candidates to win hiring discrimination lawsuits. That’s because em­­ployers choosing the best candidate often zero in on one bit of experience or a skill that stands out from other applicants. It’s hard to argue that that’s discrimination.
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