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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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Recently, the IRS unveiled a new Voluntary Classification Settlement Program, which allows eligible taxpayer employers to voluntarily reclassify workers as employees for federal employment tax purposes. The program features partial amnesty for past misclassifications. Even so, the recent government crackdown on worker misclassification continues to cause significant risk for employers.
Employers sometimes have several similar jobs that require almost identical skills, certificates or training. But that doesn’t mean that all these positions can’t have different hiring requirements. Just make sure you can justify the differences.
The federal Transportation Security Administration has settled a lawsuit brought by the national ACLU and its Florida chapter. The ACLU filed an administrative complaint on behalf of an HIV-positive Air Force veteran who was rejected for a job as a transportation security officer because of his HIV status.
Q. We are a larger company. I noticed that an applicant for a position within one of our branches was previously employed and let go by another division. Would it be discriminatory to decline interviewing a candidate for this reason?
The EEOC has filed racial discrimination charges against Eden Prairie-based Alliant Techsystems after the aerospace company withdrew a black woman’s job offer and then gave the position to a white man.
Be careful before revoking a job offer based on a physical exam. Consider reasonable accommodations instead.
Marion-based Mach Mining faces charges it has refused to hire women for coal mining positions since it began operating in 2006. According to the EEOC, several well-qualified female applicants have applied for positions at the mine, but none have been hired.

While legal problems can crop up during an employee’s tenure, the two events that carry the most legal risk for employers are the hiring and the departure of an employee. Hiring discrimination lawsuits are particularly dangerous. To stay out of court, managers should build their hiring process around these principles:

Most lawsuits are not triggered by great injustices. Instead, simple management mistakes and perceived slights start the snowball of discontent rolling downhill toward the courtroom. Here are 12 of the biggest manager mistakes that harm an organization’s credibility in court.

Employers, beware! If you ignore your posted job requirements to hire one applicant when another candidate meets all the minimum qualifications, you may find yourself being sued. Courts may conclude that you “pre-rejected” the most qualified candidate.
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