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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As its workload has increased, the EEOC has sought greater funding so it can pursue cases in which employer hiring practices discriminate broadly against members of protected classes. Those practices include using criminal background checks and credit-history checks to screen applicants.
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?
Q. Are there any questions we cannot or should not ask a reference when screening applicants?
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.
If state Rep. Bill Galloway has his way, certain employers may be re­quired to use the federal government’s E-Verify web-based employment eligibility verification system. Several states already mandate E-Verify, and the U.S. Supreme Court in June ruled that an Arizona law requiring employers to use it is constitutional.
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