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
Buffalo and Seattle are joining the growing Ban the Box movement as both cities have passed legislation banning the use of criminal history questions on job applications. Making these measures significant is that they apply to public and private employers.
Potential "fixes" for current immigration challenges may lead to additional hoops and diverse fees (whether one time or recurring) for employers, Mike Aitken of the Society for Human Resource Management (SHRM) and Lynn Shotwell, Executive Director of American Council of International Personnel (ACIP), stated during a June 17th press briefing held at the SHRM's 2013 Conference and Exposition.
In-depth review of the spectrum of Washington employment law requirements HR must follow with respect to preemployment screening and testing.
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.
The North Carolina Preemployment Screening and Testing and Negligent Hiring sections of the Employment Law Manual have been updated to reflect a new law that will soon prohibit employers from asking job candidates about criminal records that have been expunged (i.e., eliminated). The law takes effect December 1, 2013.
In-depth review of the spectrum of Idaho employment law requirements HR must follow with respect to interviewing and selecting job candidates.
In-depth review of the spectrum of North Carolina employment law requirements HR must follow with respect to interviewing and selecting job candidates.
In-depth review of the spectrum of North Carolina employment law requirements HR must follow with respect to preemployment screening and testing.
A new North Carolina law will soon bar employers from asking applicants on a job application or during an interview about criminal convictions, charges or arrests that have been expunged (eliminated completely). Indiana also recently enacted a similar law.
HR and legal considerations for employers regarding recruiting and hiring.
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