by Ugo Ukabam, Esq., Gray Plant Mooty, Minneapolis
Employers operate in an increasingly complex legal environment, made all the more difficult by the tough economy. Hiring has emerged as a particular trouble spot.
You need to hire and maintain a skilled and productive workforce. But you must watch out for legal liability that can surface in the process.
A help-wanted ad that directly or indirectly states a preference for applicants based on gender, age, or other protected characteristic is generally unlawful.
When you advertise for an opening, list only the necessary job-related skills and qualifications—for example, “must be able to lift 50 lbs.”—rather than assumptions about who can perform the functions of the position—such as “male furniture-mover wanted.”
There are exceptions to this general rule, e.g., when an employer has adopted a lawful affirmative action plan or the preferred characteristi...(register to read more)
- Creating an effective blog policy to limit employer liability
- Don't rely on software alone to determine employee's FMLA eligibility
- No separate emotional distress claims if conduct is covered by IHRA
- Toys 'R' Us to pay for disability bias during hiring process
- Bosses may be personally liable for harassment