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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. We recently extended an employment offer to someone who was later determined to be unable to perform the job’s essential functions due to a visual impairment. As a result, we wasted a significant amount of time. Aren’t workers obligated under the ADA to disclose that they suffer from a disability?
A San Diego restaurant and catering company’s nine-year history of hiring undocumented workers came to an end in late 2011 when the owner pleaded guilty to federal charges.
Do you include an arbitration agreement in your employment applications? If so, it may not be enforceable, according to a recent decision by the Court of Appeal of California.
With so many qualified people applying for jobs these days, it’s much harder for unsuccessful candidates to win hiring discrimination lawsuits. That’s because em­­ployers choosing the best candidate often zero in on one bit of experience or a skill that stands out from other applicants. It’s hard to argue that that’s discrimination.
U.S. combat operations in Iraq ended in December, and the Depart­ment of Defense is gradually drawing down forces in Afghanistan. As you rehire employees returning from military service, make sure you follow USERRA guidelines. How to comply:

Nancy McKinstry, CEO of the multinational publisher Wolters Kluwer, describes herself as an analytical person. She also calls herself an “insider-outsider” who knows her company thoroughly from the inside but also is an outsider—she became its first non-Dutch CEO and the first woman to lead it. She says she likes hiring people who have overcome adversity because ...

Sears Holdings has publicly vowed to increase its hiring of veterans by 10% over the next year. Sears’ senior VP of human resources is a Navy veteran, who says as more military members return from active duty, U.S. employers have an obligation to support them, especially by offering jobs.
After its research showed that consumers respond well to pitches that involve playing games, marketing firm Upstream Systems has “gamified” its own search for job candidates.
Q. We have a number of employees who serve in the armed forces. Some have taken multiple leaves in recent years because they were called up for duty in Iraq or Afghanistan. At least one has been gone for years. With the drawdown of troops in Iraq, we expect that several will want to return to our company, but we have had to hire people to replace them. Are we obligated to rehire them even if we don’t have an open position?
Supervisors can learn a lot from others' mistakes, particularly when it comes to employment law issues. Here are four recent court decisions that provide lessons on how supervisors can keep their organizations (and themselves) out of legal hot water.
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