When it comes to employment lawsuits, HR is a lot like flying an airplane: The most risky parts of the trip are at the takeoff (hiring) and the landing (dismissal).
With hiring, you can limit the employment-law risks by following the legally safe steps and training supervisors to do the same.
Laws related to hiring
Congress has pieced together a patchwork of laws protecting workers and applicants from discrimination:
1. Best known is Title VII of the Civil Rights Act of 1964, which prohibits employers from discriminating against employees and applicants based on their race, color, sex, religion or national origin.
2. Employers must also comply with the Equal Pay Act of 1963, which says employers can’t pay female employees less than male employees for equal work on jobs that require equal skill, effort and responsibility.
3. The Pregnancy Discrimination Act of 1978 makes it illegal to discriminate on the basis of “pregnancy, childbirth or related medical conditions.” You can’t deny a job or promotion merely because an employee is pregnant or had an abortion.
4. The Age Discrimination in Employment Act of 1967 prohibits you from refusing to hire applicants who are age 40 or older because of their age.
5. The ADA protects qualified disabled individuals from discrimination and mandates that employers take affirmative steps to accommodate them in the application process and in the workplace.
Nowadays, the risk of litigation goes beyond firing. When you bring on a new hire, EVERY step of the way – from writing the ad and conducting interviews to checking references and making the offer – can leave you exposed to a crippling lawsuit.
To keep you in compliance and out of court, we're re-releasing our top-selling "boss's rights manuals" — Hire at Will and Fire at Will — to HR professionals and executives across the country. Get your copies of this 2-report combo...
4 principles of hiring
To stay out of court, build your hiring process around these principles:
1. Create a job description that’s accurate, job-related, nondiscriminatory and up-to-date.
2. Advertise the opening in a way that complies with federal and state anti-discrimination laws. It should never favor workers based on age, race, gender, religion or disability status.
3. Conduct interviews in a way that accommodates applicants with disabilities and shows that you aren’t using the process to screen out qualified members of protected classes.
4. Use a selection and testing process that is blind to a candidate’s race, sex, age (if over 40), national origin and religion, and that offers reasonable accommodations to qualified disabled applicants.
3 levels of enforcement
The EEOC enforces most federal employment discrimination laws, while the U.S. Department of Labor administers most federal wage-and-hour laws.
Most states have their own departments of labor and equal employment commissions, as well as laws that parallel federal ones or offer even greater protection for workers.
Plus, some cities have employment ordinances that prohibit discrimination on additional grounds, including protecting applicants in same-sex relationships.
Hire at Will outlines the issues involved in hiring today and offers strategies that will make your hiring efficient, effective — and legal.
Soon you’ll know:
- How to hire the people you want, with no fear of being sued.
- 13 ways to reduce your cost per hire and still get the best person for the job.
- 8 loaded interview questions that elicit the information you’re really looking for without having to come right out and ask.
- Written tests for honesty, personality, aptitude and productivity … which ones work best? Which are legal? Which ones should you avoid absolutely?
- When you can safely refuse to accommodate a disabled worker – ADA or no ADA
- How to avoid the trap of “negligent hiring” and the expensive trouble it brings
- The “magic” statement to include on all job applications to retain your right to fire at will
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- 10 Secrets to an Effective Performance Review
- 8 steps to being an effective witness in court, depositions
- No employee handbook or written policy? Good luck proving you take harassment seriously
- As the employer, it's up to you to prove overtime exempt status
- Don't bend on disability accommodations if they could compromise safety