Hire education: Filling job positions without inviting lawsuits — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

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.

Employment advertisements

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)

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