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 OFCCP has issued a final rule that will implement President Obama's Executive Order 13672, which will prohibit federal contractors from discriminating against employees and applicants based on sexual orientation and gender identity.
In-depth review of the spectrum of Maryland employment law requirements HR must follow with respect to interviewing and selecting job candidates.
Information relating to Texas E-Verify requirements for state agencies and businesses contracting with state agencies has been added.
Nebraska 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.
Texas Governor Rick Perry has issued an executive order requiring all state agencies to use the federal E-Verify system to confirm the work eligibility of current and prospective employees. The order is effective immediately and also applies to any employer contracting with a state agency or its subcontractors.
In-depth review of the spectrum of Texas employment law requirements HR must follow with respect to preemployment screening and testing.
As mandated by the California Department of Department of Industrial Relations, all California employers must provide the time of hire pamphlet to new employees at the time of hire or by the end of the first pay period.
As mandated by the California Employment Development Department, all private California employers that participate in the state disability insurance program must provide DE 2515 to new hires and when notified by employees of their need to take time off of work for certain conditions.
As mandated by the California Employment Development Department, all California employers with employees who contribute to the state disability insurance program must provide the brochure to new hires and when an employee notifies the need to take time off under certain circumstances.
As mandated by the California Department of Fair Employment and Housing, all California employers must distribute the California Sexual Harassment Brochure, DFEH-185 or its equivalent.
HR and legal considerations for employers regarding recruiting and hiring.