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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Last year, New Jersey became the first state to make it illegal for employers to refuse to hire applicants just because they’re unemployed. And Presi­­dent Obama’s jobs bill would make it an un­­lawful. Outlook: Look for more states to pass such laws, but it won’t get through Congress this year.
Pepsi Beverages will pay $3.1 million to resolve EEOC charges that it discriminated against minorities when it refused to hire applicants with arrest records.
Here’s a reminder for government hiring managers: While ordinarily, such supervisors have qualified immunity, that’s not the case if the decision not to hire is based on an applicant’s political beliefs.
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.
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