HR Support on Employee Recruiting & Hiring Process

Editor's Note: Be sure to avoid legal landmines when recruiting and hiring job applicants.

David B. WeisenfeldOverview: Employers can engage in a host of measures during the recruiting and hiring process to reduce their risk of liability. These include:

  • Avoiding discriminatory language in job advertisements;
  • Conducting employee background checks;
  • Using at-will employment disclaimers; and
  • Verifying that new hires are authorized to work in the US.

Using due diligence in evaluating qualified job applicants is crucial to avoid a future negligent hiring claim. At the same time, however, employers must be conscious that their screening measures comply with the Fair Credit Reporting Act, and do not disproportionately affect minorities and women.

Other notable HR issues affecting this area include ADA compliance if an employment offer is conditioned on a medical exam; maintaining good recordkeeping practices; and having applicants sign restrictive covenants if an employer wants to protect information that gives it a competitive edge in its industry, provided that the terms are reasonable.

Employers also must be cautious not to inadvertently convert a desired at-will employment relationship into an implied employment contract either when recruiting applicants or in making a job offer.

Trends: Employers in the nation's biggest cities as well as a few states must now take so-called "Ban the Box" laws into account. This phrase refers to the "box" on job application forms asking potential employees if they have been convicted of a crime.

Another key recruiting and hiring trend is the rise of mandatory E-Verify laws to confirm that new hires may lawfully work in the US. These laws requiring employers to use the federal E-Verify system are more prevalent in the South.

Author: David B. Weisenfeld, JD, Legal Editor

Latest items in Recruiting and Hiring

  • About This State Supplement Handbook Statement: Vermont

    Type:
    Employee Handbooks

    Vermont employers seeking to explain how the handbook and supplement should be read together and that neither the handbook nor the supplement alter an employee's at-will status should consider including this model policy statement in their handbook.

  • Preemployment Screening and Testing: Maryland

    Type:
    Employment Law Manual

    In-depth review of the spectrum of Maryland employment law requirements HR must follow with respect to preemployment screening and testing.

  • Interviewing and Selecting Job Candidates: Maryland

    Type:
    Employment Law Manual

    In-depth review of the spectrum of Maryland employment law requirements HR must follow with respect to interviewing and selecting job candidates.

  • About This State Supplement Handbook Statement: Colorado

    Type:
    Employee Handbooks

    Colorado employers seeking to explain how the handbook and supplement should be read together and that neither the handbook nor the supplement alter an employee's at-will status should consider including this model policy statement in their handbook.

  • Changes to New York Wage Notice Requirements Take Effect: Employment Law Manual Updated

    Date:
    16 January 2015
    Type:
    Editor's Choice

    Although relieved of the annual wage notice requirement starting in 2015, New York employers are now subject to increased penalties for failing to comply with other requirements of the Wage Theft Prevention Act.

  • District of Columbia Enacts Preemployment Marijuana Drug Testing Law: Employment Law Manual Updated

    Date:
    16 January 2015
    Type:
    Editor's Choice

    The law, which will expire March 18, 2015, prohibits an employer from testing a prospective employee for marijuana use until after extending a conditional employment offer, unless otherwise required by law.

  • About This State Supplement Handbook Statement: Virginia

    Type:
    Employee Handbooks

    Virginia employers seeking to explain how the handbook and supplement should be read together and that neither the handbook nor the supplement alter an employee's at-will status should consider including this model policy statement in their handbook.

  • Ban the Box - Chart

    Type:
    Quick Reference

    The introduction of federal "Ban the Box" legislation follows that of a host of big cities and some states which already have enacted laws prohibiting employers from asking applicants if they have been convicted of a felony on initial application forms.

  • Interviewing and Selecting Job Candidates: Illinois

    Type:
    Employment Law Manual

    In-depth review of the spectrum of Illinois employment law requirements HR must follow with respect to interviewing and selecting job candidates.

  • Preemployment Screening and Testing: District of Columbia

    Type:
    Employment Law Manual

    In-depth review of the spectrum of District of Columbia employment law requirements HR must follow with respect to preemployment screening and testing.