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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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The EEOC received a record 99,922 charges in the 2010 fiscal year—the most the agency has received in its 45-year history. Given this sharp increase in charge activity, now is a good time to review your personnel policies and practices to make sure you’re taking appropriate steps to help prevent potential dis­crimination claims.
Fast-food mega-giant McDonald's wanted to hire 50,000 employees in April—so it hosted a national, one-day “event” at which franchise managers all over the country met and interviewed candidates. The massive onboarding will increase employment by 7% at the company and its 14,000 restaurants nationwide.
Effective July 12, 2011, Philadelphia employers with 10 or more employees will be limited in their ability to inquire about job applicants’ criminal records. Under the Fair Criminal Record Screening Standards Ordinance, employers must treat inquiries into criminal convictions much the same way they must treat inquiries into an applicant’s disability under the ADA.
If your pool of qualified applicants is demographically significantly different than your hires, there may be trouble afoot. Don’t count on pre-­employment job tests to automatically create fair hiring. If a quick internal audit shows that particular departments or managers have considered but not hired members of a protected class, you may want to look at whether the testing is being handled properly.

Almost every employer understands that they can’t discriminate against employees on the basis of race. But race discrimination protections also apply even when employers contract out their work. Contractors who believe they have suffered bias can sue under the Equal Protection Clause of the U.S. Constitution.

Sometimes, managers have to act fast to fill a position. It’s reasonable to let someone take the job temporarily. If she does well, it's perfectly acceptable to use that performance as a reason to offer the job permanently.
John Muir Health agreed to settle bias charges brought by the EEOC, claim­ing the East Bay hospital system dis­­criminated against job applicants ­perceived to have latex allergies.
The Hillsborough Area Regional Transit Authority (HART) will have a new chief executive after a 7-4 vote by county commissioners. Con­troversial transit CEO David Armijo has been dismissed after several employees complained about his actions.

Some work environments are more prone to sexual harassment than others. That shouldn’t keep you from hiring women for positions in a largely male workplace. The answer is to educate em­ployees about harassment and then punish anyone who violates your anti-harassment policy.

If applicants believe an employer discriminates, they may be reluctant to even apply for a job, thinking it’s inevitable they will be passed over. That doesn’t mean they’ll hesitate to go ahead and sue anyway. However, smart employers that let everyone know what jobs are open and how to apply will probably win those cases.

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