Employer Liability for Recruitment and Hiring Practices
Page Contents
- Federal
- Summary
- Use Thorough Written Job Descriptions
- Avoid Bias
- Include All Essential and Nonessential Tasks
- Be Careful Before Bypassing Recruitment and Job Posting
- Keep Thorough Records Throughout the Hiring Process
- Conduct Appropriate Background Checks and Testing
- Benefits of Background Checks
- Educational Background
- Employment References
- Other Kinds of Background Checks
- Consumer Reports and Fair Credit Reporting Act Compliance
- Testing
- Be Careful Using Social Media When Determining Whether to Hire a Candidate
- Avoid Improper Interview Questions
- Keep Records to Explain the Decision Not to Hire a Particular Candidate
- Avoid Unintentional Discrimination Through Adverse Impact
- Balance Subjective Factors With Objective Factors
- Have the New Employee Sign an Acknowledgement That Employment Is At-Will
- Make No Unauthorized Promises in Making the Job Offer
- Be Careful When Using an Offer Letter
- Avoid Creating an Implied Employment Contract
- Consider Requiring Restrictive Covenants to Protect Against Employee Competition
- Make Sure the Employee Has No Restrictive Covenant With His or Her Former Employer
- Consider Requiring a Confidentiality Agreement to Protect Against the Employee Misusing or Disclosing Proprietary Information
- Make Sure the Employee Is Not Improperly Using Confidential Information from His or Her Former Employer
- Properly Collect and Maintain All I-9 Documentation
- File EEO-1 Reports Accurately and on Time
- Have the New Employee Promptly Complete Antidiscrimination Training
- Comply With All Employment Recordkeeping Requirements
- Establish a Record Retention Policy
- Future Developments
- Additional Resources
Author: Sean R. Kelly, Saiber LLC
Summary
- In advertising and recruitment materials, identify all essential and nonessential tasks of the position. See Include All Essential and Nonessential Tasks.
- Avoid bias, express or implied, in recruitment materials. See Avoid Bias.
- Employers should stick to their standard recruitment process; do not bypass that process in order to act quickly in hiring a word-of-mouth prospect. See Be Careful Before Bypassing Recruitment and Job Posting.
- Keep the records necessary to defend a hiring decision and to show the absence of discrimination. See Keep Thorough Records Throughout the Hiring Process.
- Perform all job references and background checks appropriate to the position. See Conduct Appropriate Background Checks and Testing.
- Limit testing to positions for which it is truly necessary and defensible. See Testing.
- Avoid improper inquires, both on the job application form and during the interview. See Avoid Improper Interview Questions.
- Emphasize that employment is at-will and have the new hire acknowledge that in writing. See Have the New Employee Sign an Acknowledgement That Employment Is At-Will.
- Summarize the terms of the job offer in a carefully drafted offer letter. See Make No Unauthorized Promises in Making the Job Offer.
- Consider requiring a restrictive covenant or a confidentiality agreement from a new hire. See Consider Requiring Restrictive Covenants to Protect Against Employee Competition.
- Collect and maintain all appropriate data and records. See Comply With All Employment Recordkeeping Requirements.
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