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
The Supreme Court has upheld Michigan's voter-approved affirmative action ban which prohibits the use of racial preferences in public universities, government contracting and public employment. The Court's vote was 6-2.
Maryland has become the 21st state to pass a law legalizing medical marijuana with a measure signed by Governor Martin O'Malley that becomes effective on June 1. Several Maryland sections of the Employment Law Manual have been updated to reflect this development along with the Medical Marijuana Quick Reference Chart.
Maryland has become the 21st state to legalize medical marijuana with a bill signed by Gov. Martin O'Malley. Effective June 1, the new law allows individuals with certain qualifying illnesses or conditions to use marijuana for medicinal purposes if their doctor recommends it.
The US Immigration and Custom Enforcement's (ICE) Homeland Security Investigations (HSI) recently announced that 14 Massachusetts employers were fined more than $175K in total for fiscal year (FY) 2013 immigration-related employment violations.
XpertHR's High-Tech Resource Center for HR helps high-tech employers handle their most challenging employment issues by bringing relevant resources together in one place for easy access.
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Employers should be aware of state laws regarding marijuana for medicinal purposes. This quick reference chart lists the states with medical marijuana laws and the years those laws were passed.
In-depth review of the spectrum of Indiana employment law requirements HR must follow in respect to employee communications.
In-depth review of the spectrum of Maryland employment law requirements HR must follow with respect to disabilities (ADA).
HR and legal considerations for employers regarding recruiting and hiring.