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Hiring

When hiring employees, negligent hiring practices can doom the process. Learn from your colleagues’ successes – and avoid their pitfalls.

Smart interview questions, well-written job descriptions, and sharp interviewing result in hiring employees that work out well, AND make you look good in the process.

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Q. If we have several qualified applicants for a job, are we required to select a qualified applicant with a disability over other applicants without a disability?

Do you regularly audit your HR records for signs of hidden bias? Would you know if members of a particular protected class were getting fewer promotions than others? The start of the new year is the perfect time to identify and correct any problems.

Q. We recently hired someone we didn’t know has a severe allergy to peanuts. If she even smells peanut butter, she has a severe allergic reaction, requiring her to use an EpiPen and head to the emergency room. Could we have refused to hire her if we had known about her allergies?

While a man who wears dresses and makeup might make his orientation or self-image perception clear, that’s not true of a woman who dresses like a man, at least not according to a recent 8th Circuit Court of Appeals decision.
New York Mills-based Lund Boat and parent company Brunswick Corp. have agreed to settle sex discrimination charges filed by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs.
Meyer Tool has agreed to pay $325,000 to settle race discrimination charges leveled by the U.S. Department of Labor’s Office of Federal Contract Compliance Pro­­grams. The OFCCP claims the company systematically discriminated against black applicants.

Do you have a standard hiring rule that effectively screens out some job applicants? If so, scrap it. Instead, consider each applicant on his or her merits, especially if the rule could harm applicants with certain disabilities.

Avoid the following language in your job postings.


Q. What were the recent changes to the Fair Credit Reporting Act?
Hiring is one of the most difficult and legally dangerous tasks for supervisors. Just a few ill-timed words in a want ad or interview can trigger a legal complaint. Here are the key liability hot spots to watch out for in the hiring process:
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