A New York City broker of apartment rentals and sales may face legal liability for alleged age bias—not because it discriminated, but because its independent contractor did. It’s a cautionary tale for any organization that outsources hiring.
Certain employers are required to track and report their employees’ injuries and illnesses during the year, but OSHA believes it isn’t seeing the real picture. So the agency has begun a national enforcement effort to identify underrecorded and incorrectly recorded workplace injuries.
Here are a few interviewing tips from Bob Edwards, who hosts a show on Sirius/XM Satellite Radio:
Q. “What would be the best way to tell an employee we don’t want to hire her daughter? We’ve had her as a temp, but never would’ve hired her for a full-time job.” Here's how readers of our HR Specialist Forum answered that question:
According to a recent working-conditions survey, many employers are not doing the routine maintenance they should to keep their labor and employment compliance in tip-top shape. There’s no guarantee that tuning up your workplace policies like you do your car will avoid lawsuits. But, some routine preventive maintenance will go a long way to ensuring better compliance and fewer problems.
It’s one of the toughest HR problems: Handling a sexual harassment claim when the alleged harasser is a supervisor. But all is not lost. With proper planning, you can minimize the liability risk. Here’s how:
One of the cardinal rules of hiring is that you should ask all applicants the same questions. But even good rules can sometimes be broken … when it makes good sense. For example, if you are interviewing both internal and external applicants for an open position, it’s perfectly logical to ask internal applicants some different questions ...
Disputes between co-workers and between employees and their bosses are almost inevitable—which is why every HR professional must know how to gather the necessary facts to find out what’s going on. Whether it is a small inquiry or a weighty investigation into serious allegations of misconduct, being deliberate and intentional about an investigation will create a more helpful and less disruptive process.
In the armed services, there are “peacetime generals” and “wartime generals.” Some leaders thrive on turbulence. Others don’t. Same goes for CEOs.
One of the cardinal rules of hiring is that you should ask all applicants the same questions. Even good rules can sometimes be broken—when it makes good sense. For example, if you have an open position and are interviewing both internal and external applicants, it’s perfectly logical to ask internal applicants different questions, since they’re already familiar with your operations.
Managers and supervisors are at the front lines of making decisions that often trigger lawsuits—promotions, pay raises, terminations and job assignments. But the most legally dangerous of all those situations is interviewing job candidates. Here are five questions that can reveal more about job interviewees, without risking a hiring discrimination charge.
Terminations aren’t always clean. Sometimes they’re damned-if-you-do, damned-if-you-don’t situations. That’s often so when you conclude that an employee harassed another and must be terminated. With nothing to lose, the fired employee may try to concoct a discrimination lawsuit.
If you have a fairly informal application process, now’s the time to firm it up. The prolonged economic downturn means you’re receiving many more applications and résumés than normal. And that means more potential for lawsuits from unsuccessful job-seekers.
Job discrimination claims are running at record-high levels in the past two years. Way too many problems start when hiring managers ask the wrong questions during job interviews. Here's how to ask five key questions without risking a hiring discrimination charge. (Plus 16 questions no one should ever ask.)
Here’s a reminder for all your supervisors and managers when they are interviewing and selecting potential employees. Tell them they must never promise a job before getting approval. Doing so may mean a lawsuit if the applicant relies on the promise to his detriment.
If you have a fairly informal job application process, now’s the time to firm it up. The prolonged economic downturn means you’re likely to receive more and more applications. And that means more potential for lawsuits from unsuccessful job seekers.
Whistle-blowing employees almost always expect to experience retaliation. They start looking for it as soon as they file a complaint or bring a safety issue to their employers’ attention. Smart employers anticipate this and make absolutely sure that any discipline, layoff or other adverse employment action is wholly justified before they implement it.
The two biggest comp and benefits myths about Generation Y employees—your youngest workers—are that they don’t care about money … and that they care only about money. They want more than that. In fact, they want way more. Use their demands as a negotiating tool, and watch the productivity of these young, tech-savvy go-getters soar in response.
During a workplace investigation, you, as an HR investigator, can take a number of practical steps to improve the reliability and objectivity of your witness credibility assessments. Four factors are critical to assessing witness credibility: demeanor, consistency, chronology, and past history and motivations.
During a workplace investigation, there are a number of practical steps that you, as an HR investigator, can take to improve the reliability and objectivity of your witness credibility assessments. Four factors are critical to assessing witness credibility: demeanor, consistency, chronology, and past history and motivations.
HR Law 101: The Americans with Disabilities Act prohibits discrimination against qualified individuals with disabilities who can perform a job's essential functions with or without reasonable accommodation. All employers that have 15 or more employees must comply with the law ...
Soon after a Pennsylvania sales company hired Tamara Klopfenstein as a receptionist, she had performance problems right away. But the real trouble began when Klopfenstein received an e-mail from a VP that said one of her “many responsibilities … is making and getting coffee.”
Q. Our company has just made a job offer to a highly qualified man to work in our company’s IT department. During the final stages of our interviewing process, the candidate told us that “she” is transgendered —that she would be transitioning from male to female. We believe employing a transgender employee could be very disruptive and cause a morale problem in the company. Can we rescind the offer based on the candidate’s transgender status?
Employees who complain about harassment or discrimination often mistakenly believe they are automatically protected from discipline. They’ve heard employers can’t “retaliate” against them for complaining. That’s true to a point. But that doesn't mean that those employees get automatic immunity from any pre-existing workplace performance or behavior problems ...
At first glance, the federal ADEA appears rather straightforward: It protects people age 40 and older from employment discrimination based on their age. But the law can affect just about anything managers do, from asking questions in job interviews to assigning job duties ...
If you’re contemplating a layoff, you’ve no doubt given some thought to which employees you want to let go—and which ones you absolutely must retain. But know this: Every time an organization lays off even a few employees, voluntary turnover jumps in response ...
In many cases, the best candidates for your job openings aren’t in the job market. They’re happily employed elsewhere, and they need a major incentive to show up at your door for an interview. A new start-up job board intends to create that incentive ...
Employers and HR professionals should make it their policy never to hire a candidate without a comprehensive background check. But, they also must comply with the Fair Credit Reporting Act (FCRA), which regulates how employers perform employment background checks on job applicants. Contrary to popular belief, this federal law doesn’t cover just credit checks.
Gen Y employees love to communicate electronically, but remember: They can still be swayed by the power of the handwritten note ...
When an employee alleges wrongdoing, you’ll need to conduct a thorough internal investigation. That may mean interviewing employees, supervisors and even customers. But be careful how much information you share with those you interview. If you indiscriminately discuss the comments of others who were interviewed, it may constitute defamation. Texas law only protects communications made in the course of a wrongdoing investigation if disclosure is limited to people who have a legitimate reason to know ...
Recruiting and interviewing potential new hires can be time consuming, but for many employers the process is far from boring. In fact, given some of the wacky things candidates include on their résumés and blurt out during interviews, hiring may be the funniest part of an HR pro’s job.
When it comes to reverse discrimination, comments by senior managers may backfire if others perceive them as encouraging racial preferences. For example, when a high-level executive comments that the organization needs more black employees in management positions, hiring managers could construe it as authorization to bypass qualified white candidates in favor of black candidates with lesser qualifications ...
Q. My family has operated a small medical supply business for many years. Lately, our business has really taken off, and we now have more than 20 employees in different job categories. We are wondering whether we should develop written job descriptions for the different positions. If so, where should we begin? ...
Developing, implementing and enforcing a comprehensive anti-harassment policy is vital to create a safe and comfortable work environment and minimize the potential damage from harassment lawsuits. But having an anti-harassment policy is not enough; the policy must be implemented, promulgated and consistently enforced. Training employees and managers on harassment law and the employer’s harassment policy is an important part of an employer’s defense against a harassment claim—whether the alleged harassment was by a supervisor or a co-worker ...
The EEOC recently issued enforcement guidance declaring that disparate treatment of employees who care for children, parents or other family members violates federal law. “Disparate treatment” generally means an employer intentionally treated employees differently because of a protected factor such as race, gender, age or—in this case—their need to care for family members ...
Hiring managers spend too much time interviewing candidates—and asking them the wrong questions. Then they’re often surprised to have to fire those same candidates a few months later after discovering that good interview skills don’t necessarily signal a great job fit. The problem: Employers often hire for hard skills but fire for soft skills, says Karl Ahlrichs of Hiring Smart, an Indiana firm specializing in employee selection. Instead, says Ahlrichs, “Our new slogan should be, ‘Fire them before we hire them.’” ...
Culling through stacks of resumes and conducting two or three rounds of interviews takes too long, is too subjective and too often results in bad hires. Employee selection expert Karl Alrichs proposes a four-step hiring process that saves managers time, reveals the best candidates, and highlights the intangibles that separate good employees from the bad ones.
Nothing will land an employer in legal hot water faster than firing an employee who just made a discrimination complaint. At first glance, it will almost always look like retaliation. But that doesn’t mean your hands are tied ...
While execs spend an average of 55 minutes interviewing staff-level applicants (and 86 minutes for management candidates), they form an opinion of job-seekers in an average of 10 minutes ...
Hiring younger workers for entry-level and managerial-trainee jobs poses unique challenges. Because those applicants have little or no experience under their belts, interviewing requires special insights. To predict job success, focus on applicants' maturity level by asking the right questions and looking for certain nonverbal cues ...
HR professionals often play it ultra-safe in interviewing. For fear of asking unusual, inappropriate or even illegal questions, they stick to bland, scripted queries that don’t draw applicants out of their comfort zone. That’s a sure path to hiring failure ...
Hold informal "exit interviews" with applicants who turn down job offers from your organization.
HR Law 101: The ADA prohibits employers from asking job applicants questions that may reveal a disability. You should ask only about the person's ability to perform a job's essential functions ...
HR Law 101: An employer needn't hire a disabled person if he or she lacks the requisite skills, experience and education for the job in question. But if the deciding factor is the disability, you must prove that the condition interferes with what the ADA terms the "essential functions" of the job ...
HR Law 101: Workers' compensation insurance provides compensation to employees who are injured or disabled on the job. It pays for medical treatment, loss of wages during a period of disability and compensation for permanent disability or disfigurement ...
Q. I constantly run into this problem: I pre-screen a candidate who seems like a perfect fit for the job description. But when I send the person to the hiring manager for an interview, I'm told to keep looking for someone better. This is frustrating to the managers, the applicants and me. Any suggestions on how I can improve my pre-screening? —P.B., New Jersey
Q. At our university, the special-events supervisors must occasionally hire people. We currently don't pay for their time involved in interviewing job candidates. I think we should pay them for that time, but I was told education institutions are exempt from pay laws. Is that true? —D.D., West Virginia
Q. I know that it's illegal to ask applicants certain questions, like whether they are married. Are there any questions I can't ask a previous employer or reference? —F.T., Maine
When it comes to hiring and promotions, one of the quickest paths to the courthouse is relying heavily on a person’s subjective qualifications when objective measures point to a better candidate ...
HR Law 101: When a new hire comes on board, you must determine whether to classify him or her as exempt or nonexempt under the FLSA. The key consideration: Exempt workers aren’t eligible for overtime pay. Rather, they’re paid for the job they do, not the hours they keep ...
HR Law 101: Even though job descriptions are absolutely essential, too few employers use them effectively, and some even view them as a nuisance. Every employer should maintain a file of up-to-date job descriptions for all the positions in the organization ...
HR Law 101: Many organizations use pre-employment tests to screen applicants. But be aware of the risks involved. Unless you can demonstrate that a test measures job-related qualities and fulfills a business necessity, you could be exposing your organization to charges of discrimination ...
The Florida Civil Rights Act prohibits discrimination or segregation in employment and access to places of public accommodation because of race, color, age, national origin, sex, handicap, familial status or religion ...
The New Jersey Law Against Discrimination makes it unlawful to subject people to differential treatment based on race, creed, color, national origin, nationality, ancestry, age, sex (including pregnancy), marital status, domestic partnership status, affectional or sexual orientation, atypical hereditary cellular or blood trait, genetic information, liability for military service, mental or physical disability, perceived disability, AIDS and HIV status ...
Question: My husband and I would like to move back to Dallas but want to have employment before I get there. I have sent resumes out, but it does not seem to be productive. Does anyone have any advice? -- Moving
Question: I have been employed in good standing with a great corporation for more than eight years.
Working in the administrative field has been my specialty for years, and I've worked my way into the position that I hold now: Receptionist/Clerk.
I have grown this position over four years to be much more than a receptionist; I'm more like an Administrative Assistant/Office Manager.
I strive for challenge, change and continuous learning. Over the past few years, I have applied for internal transfers and promotions, applying for nine different position in the past two years alone.
Each position was filled with another candidate. Why?
When I get the calls to let me know that I did not receive the jobs, the responses were along the lines of: "You interview well. We like your personality. You were one of the top candidates. Your skill set was very desirable, but we did not think you would be a fit for the position."
Can someone give me some feedback to let me know what you think? -- Anonymous
Question: I recently applied for a new position within my company. I have worked in my current position for a very long time, and without going into a long story, I have never had a "real" interview. Our company does panel (3-5 people) interviews now for all positions.
Can any of you help me out with what kind of questions are being asked at interviews? Most of the resources I find seem to be geared toward technical positions. -- Anonymous
Question: I would like to meet with my peers from our 11 other plants and other persons such as A/P, A/R and any other persons who may pertain to our job from the corporate office. We have plants from California.to Delaware and from Illinois to Kentucky.
Apparently, admins don't travel from here (or so I've been told); it isn't part of the job description.
What can I say or do to be able to meet these people? I work with a lot of them every day and would really like to meet them in person. I would really like to know the "guts" of the corporation and why I do what I do and if I'm the only one being micro-managed by my super or if it's a corp. thing!
Thank you. -- Susan
Question: I recently applied for a position as executive assistant. I was not selected for the position and one of the reasons was that I did not provide any examples of my work. The person I interviewed with suggested that I create a portfolio with various samples of my work using different software programs.
Has anyone ever create such a portfolio? How would I get started? -- Karyn, Buffalo, N.Y.
What if you're seriously considering an applicant, but a good chunk of his or her past experience was at an employer that's now defunct? The dot-com bust of the late '90s ...
Question: I've been at my current government position for five years. (Same manager the whole time.) I’ve interviewed for many positions that I’m well qualified for. When they call my manager, he gives me a mediocre reference. (He won't put anything negative in writing.) As he probably couldn’t easily find someone else to do my job, I believe he doesn’t want me to leave. When I spoke with him about the reference, he denied it.
Since I currently perform work for others, too, I offer them as references, too. With my cover letter, application and resume, I include a performance report that my manager has written (saying I'm outstanding and should be promoted to the next level), attached with my rank score. I'm just frustrated that many opportunities have passed me by. I’ve lost respect for him (for being dishonest) and no longer desire to work for him.
What do you recommend I do? -- Anonymous
You don't need to wait until an employee leaves to hold an exit interview. You can gain valuable feedback by asking a few key questions of candidates who turned down your job offers.

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