Overview: Employers can engage in a host of measures during the recruiting and hiring process to reduce their risk of liability. These include:
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
Updated to reflect notice-posting requirements under Montgomery County's Earned Sick and Safe Leave law, effective October 1, 2016.
Updated to include expanded protections under the Equal Pay for Equal Work Act of 2016, effective October 1, 2016.
Updated to reflect notice requirements under Montgomery County's Earned Sick and Safe Leave Law, effective October 1, 2016.
An employer can use this checklist to ensure it develops legally compliant job descriptions to find the best candidates while avoiding discrimination risks.
Updated to reflect forthcoming new hire requirements under the Victims of Domestic Violence Employment Leave Act.
The 11th Circuit Court of Appeals has ruled that an employer's refusal to hire an African-American job applicant because she refused to cut her dreadlocks is not illegal.
After a series of proposed improvements to and public comment periods on Form I-9, Employment Eligibility Verification, the Office of Management and Budget has approved a revised version of the form, which should be published by November 22. In the meantime, employers may continue using the current form until January 21, 2017. After that date, all prior versions of the form will be invalid.
The percentage of employees testing positive for illegal drug use is at its highest level in 10 years, according to an analysis by Quest Diagnostics of nearly 11 million workforce drug test results.
Updated to reflect IRS final regulations defining 'spouse' for federal tax and benefits purposes.
Updated to reflect information regarding the forthcoming revised Form I-9 and its instructions.
HR and legal considerations for employers regarding recruiting and hiring.