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
Georgia and Virginia have become the first two southern states to enact "ban the box" laws to remove criminal history questions from state job applications. Several XpertHR sections have been updated to reflect these developments.
In-depth review of the spectrum of District of Columbia employment law requirements HR must follow with respect to employment at-will.
In-depth review of the spectrum of Virginia employment law requirements HR must follow with respect to preemployment screening and testing.
Kentucky, Montana and Nebraska have all enacted laws this month which allow private employers to adopt voluntary veterans preference policies for hiring, promoting or retaining a veteran over another qualified applicant or employee.
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.
In-depth review of the spectrum of Virginia employment law requirements HR must follow with respect to interviewing and selecting job candidates.
Effective employee communication provides the foundation for positive and cooperative working relationships. This section assists employers in implementing a disciplined, planned approach to employee communications, and avoiding ad hoc solutions.
Arkansas has enacted a law that addresses when covenants not to compete would be enforceable in an employment relationship.
HR and legal considerations for employers regarding recruiting and hiring.