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
Industry veterans David Bernstein and Kevin Wheeler share their expertise on what Talent Acquisition Analytics really means in today's hyper-competitive recruiting environment.
Under the Fair Credit Reporting Act, an employer must provide an applicant or employee with a summary of rights before taking an adverse action based on a consumer credit report obtained from a consumer reporting agency or within three days of requesting an investigative consumer report.
Updated to include notice-posting requirements under the San Jose Opportunity to Work Ordinance, effective March 13, 2017.
Updated to include hiring requirements in the San Jose Opportunity to Work Ordinance, effective March 13, 2017.
Under the Fair Chance Ordinance, an employer with 20 or more employees must file an annual report by April 30 each year.
US Citizenship and Immigration Services (USCIS) has temporarily suspended the premium processing of all H-1B visa petitions starting April 3, 2017, the first day on which the agency would have begun accepting such petitions this year.
President Donald J. Trump has issued a new executive order on immigration entitled Protecting the Nation from Foreign Terrorist Entry to the United States, which takes effect on March 16, 2017.
As mandated by the City of Los Angeles, Department of Public Works, Bureau of Contract Administration, a covered employer must provide a written individualized assessment to the applicant if the employer plans to take an adverse action.
As mandated by the City of Los Angeles, Department of Public Works, Bureau of Contract Administration, a covered employer must give an applicant written notice of its proposed withdrawal of a conditional employment offer.
Updated to reflect the reinstatement of the St. Louis minimum wage ordinance, effective February 28, 2017.
HR and legal considerations for employers regarding recruiting and hiring.