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. Our company needs guidance on keeping up with our obligations with regard to employment eligibility. What resources are available?
Q. I am updating job descriptions. We sometimes use the term “high energy” as a qualification. Does this violate the ADA or other laws?
Employers operate in an increasingly complex legal environment, made all the more difficult by the tough economy. Hiring has emerged as a particular trouble spot. Here are the key liability hot spots you must watch out for in the hiring process:
The controversy over a 1995 Chicago firefighter hiring test may finally be headed toward closure now that a federal appeals court has ruled the city must hire 111 black applicants who passed the test. In addition to hiring the firefighters, the city has offered to pay approximately 6,000 applicants who passed the test a portion of an estimated $30 million.

Minnesota employers may be finding fewer qualified applicants to fill their available job openings. The labor shortage isn’t because the state’s economy is suddenly booming again. It’s because employers in neighboring North Dakota are dipping into the Minnesota talent pool.

Q. We are considering hiring several high school students to work at our company for the summer. What statutes or regulations do we need to consider?
Gov. Chris Christie has signed a bill barring discrimination against the unemployed, making it illegal for New Jersey employers to refuse to hire applicants just because they are not currently working. Violators face fines of up to $1,000 for a first offense and $5,000 for subsequent offenses.
The U.S. Supreme Court has concluded that federal immigration law does not pre-empt or invalidate an Arizona law that subjects Arizona employers to sanctions for knowingly or intentionally employing unauthorized workers and requiring them to use the federal government’s E-Verify online employment eligibility verification system.
A lot of factors go into hiring the best possible candidate for a job, including experience, education and employment stability. Those are all legitimate reasons to prefer one candidate over another.

Good news for government agencies: People who apply for government work don’t have a property interest in a potential job, even if they make the list of finalists, and others on the list don’t want the job. That’s true even if the hiring committee states it plans to hire someone from the list and then does not.

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