Authors: Anthony J. Oncidi and Rachel Fischer, Proskauer Rose LLP; Julianne Apostolopoulos, formerly of Proskauer Rose LLP
- Employers can recruit applicants for open job positions using a variety of methods, including employee referrals, print advertising, online postings, social media websites, professional organizations and job fairs. See Recruiting Methods and Sources.
- When advertising for available jobs, employers should avoid using language that discriminates against applicants based on characteristics such as sex, age, disability and employment status.See Advertising Dos and Don'ts.
- Although social media is a good way to gather information about job applicants, its use can be potentially discriminatory. See Social Media.
- A job application is a critical part of the recruiting process that may be used to obtain information about an individual's experience and expertise for a particular position. See Job Applications.
- An employer that wants to hire independent contractors, leased employees or underage workers must comply with the Fair Labor Standards Act to avoid significant liability risks. See Wage and Hour Laws.
- While federal law prohibits the hiring of illegal aliens, employers may not discriminate based on national origin and must not prevent lawfully authorized workers from applying for a job. See Undocumented Workers.
The following states have additional requirements for this topic under applicable state law.
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- South Carolina
- South Dakota
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- New York
- North Carolina
- North Dakota
- District of Columbia
- West Viginia
- Rhode Island