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 risk isn’t new—e-mail has been around for a while. But managers and supervisors still continue to play fast and loose with their e-comments. E-mail messages are increasingly finding their way into employment-law court battles. Remind managers in the hiring process that it’s typically better to pick up the phone or walk down the hall to discuss a candidate than it is to send an e-mail.

The IRS has quickly moved to implement the new tax breaks for employers in the Hiring Incentives to Restore Employment (HIRE) Act. Strategy: Have newly hired employees complete and sign Form W-11, the Hiring Incentives to Restore Employment (HIRE) Act Employee Affidavit. This new form is used to confirm that new hires are covered by the law.

The immigration landscape keeps changing, and employers must keep up. And now you also have to worry about employees who claim you hired illegal workers as a way to cut labor costs and therefore put legal workers at a competitive disadvantage. Clever attorneys have begun filing RICO Act lawsuits, alleging that some employers are essentially running “mob” operations.
Blue Cross Blue Shield of Michigan (BCBSM) focuses on hiring and developing employees with disabilities. The organization was singled out by the U.S. Business Leadership Network as one of three businesses in the country that do an exceptional job when it comes to hiring and retaining employees and accommodating their needs at work. So BCBSM is sharing its best practices with other organizations:
“Jon & Kate Plus 8” fans can relax. Officials from the Pennsylvania Department of Labor & Industry revealed they investigated the reality show for alleged child labor violations, but found none. The revelation came during a hearing on the state’s child labor laws. But the show did not escape state scrutiny without problems.
Houston Mayor Annise Parker has signed an executive order protecting lesbian, gay, bisexual and transgender (LGBT) city employees “at every level of municipal government” from discrimination and harassment based on their sexual orientation.
Q. We recently extended an employment offer to someone who was later determined to be unable to perform the essential functions of the position because of a visual impairment. As a result, we wasted a significant amount of time and missed the opportunity to hire other qualified individuals. Aren’t workers obligated under the ADA to disclose to an employer that they suffer from a disability?
Q. We would like to hire several high school students to work in our retail store for the summer. Do we need to take any extra steps in our hiring process if we want to employ minors?

Is your workforce less diverse than the local labor market? You can head off discrimination lawsuits by citing legitimate business needs that justify hiring rules that seem to cause disparities. The best approach: Have a clear business justification for any screening or job criteria you use, even if you don’t expect they will cause a disparate impact on any protected group.

Management consulting giant Accenture faces a class-action lawsuit over its use of background checks on job applicants. The suit, filed in New York, alleges Accenture’s policy of background checks has a disparate impact on minorities.
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