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 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.
Many organizations today are writing online job listings that un­­intentionally limit the number of hits from qualified job-seekers because they're not using the right keywords. Here are tips for including keywords that increase the chances that your job listings will rise to the top in the search results:
The economy is a shambles, and employers are doing everything they can to stay in business. That includes terminations, salary and wage cuts and temporary furloughs. Nearly every one of those moves carries litigation risk.  With little to lose, more and more employees are willing to stake bias claims, hoping to score a big settlement. Their allies are attorneys who will look for any reason to sue. What should employers do?
Some workers file hiring-bias lawsuits before they bother submitting an application or telling any­one they’re interested in a promotion. Fortunately, they rarely win. Absent some direct evidence that an employer routinely rejects applications of a protected class, failure to complete an application or express interest in a promotion bars such a lawsuit.
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