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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.
Q. When, if ever, can our company legally ask an applicant about his or her religious affiliation?
Many government agencies require applicants to live in the jurisdictions they will serve. There may be good reasons, too—like wanting public servants to understand the communities where they work or making sure they are available quickly in an emergency. That doesn’t mean those reasons won’t be challenged.
Thomasville City Schools will pay $25,000 and provide age discrimination training to key personnel under a settlement agreement with a would-be school principal and the EEOC.
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.
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