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Hiring during the downturn? Stacks of résumés are no excuse for sloppy practices

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in Discrimination and Harassment,Employment Law,Hiring,Human Resources,Leaders & Managers,Management Training

Despite the daily economic lamentations, some employers are still hiring. Although the numbers may be down, some economic sectors are growing—health care and government to name two. Some firms are offering buyouts for jobs that will be filled with lower-paid workers.

Employers that are hiring may think they are in the catbird seat because they may have hundreds of applicants for each position. But a bonanza of applicants is no excuse for shoddy hiring practices.

You can improve your hiring odds dramatically with a proven list of interview questions that help you zero in on the “must hires” and steer clear of the rest. Learn more about Hire the Best: 29 'Must Ask' Interview Questions

THE LAW: Congress last year amended the ADA to broaden the law’s definition of disability. More workers and applicants than ever before are entitled to reasonable accommodations. Additionally, the EEOC has announced initiatives to weed out systemic race and gender discrimination barred by Title VII of the Civil Rights Act of 1964. The EEOC also enforces the Age Discrimination in Employment Act (ADEA) of 1967.

Both the legal and economic environments have changed radically in a very short period of time.

In addition to broader disability discrimination protections, employers may no longer discriminate on the basis of any genetic information collected from applicants. The Genetic Information Nondiscrimination Act (GINA) prohibits that. Employers are likely facing an older applicant pool. Beware of anything that smacks of age discrimination.

HOW TO COMPLY: If you are an employer looking to hire in this market, don’t let the rush to fill positions overtake a careful analysis of your existing hiring procedures. You must make sure they comply with state and federal laws.

If you are not planning to hire anytime soon, use the slow time to prepare for the inevitable hiring uptick.

If there’s a silver lining to the current rash of layoffs, it’s your opportunity to snag some excellent workers who are suddenly on the market.

Join hiring guru and renowned author Paul Falcone on June 23 as he walks you through his proven interview techniques. Learn More

Age discrimination

The ADEA protects workers age 40 and older from discrimination based on age. Employers face an aging applicant pool that reflects our society. The good news is that many applicants will have years of valuable experience. On the other hand, employers that hire younger workers instead of experienced older applicants might have some explaining to do in court.

Protect yourself by developing objective hiring criteria. While older workers may have lots of experience, it may not all be relevant to a particular opening. You can safely consider it a plus if an applicant has experience directly related to the type of work the position calls for—and that has nothing to do with the applicant’s age.

All in all, it’s best if the person making the hiring decision does not know the applicant’s age.

Economic realities

Real unemployment is running in double-digit percentages. Applicants are becoming more desperate than they were just a few years ago. That means any misstep in the hiring process could easily land you in court. And the jury that hears your employment law case will probably be far more sympathetic to the applicant than to you.

Now is the time for employers to ensure their hiring practices comply with all state and federal laws.

During this interactive webinar, you'll learn:
  • Which candidates are most compatible with your organization’s culture
  • Why they really left past positions
  • Their willingness to work beyond the basic job description
  • Whether the work pace and reporting structure they prefer matches yours
  • Their ability to accept constructive criticism
  • And more!
Register now for this live webinar event!


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