Job applicants have legal rights even before they become employees. Under federal law, an employer cannot illegally discriminate in its hiring processs based on a job applicant's race, national origin, gender, pregnancy, age, disability, or religion. State and local laws may specify additional protected classes based on factors such as the sexual orientation of a job applicant. Employers must abide by anti-discrimination laws at each stage of the hiring process, from placing a job ad, to interviewing, to the final selection of the candidate to be hired. Download FindLaw's Guide to Hiring [pdf] to keep a handy guide to your rights in the hiring process. Show
Note: an employer may discriminate on some bases if a "bona fide occupational qualification" (BFOQ) exists -- when the trait in question is a valid and necessary job requirement. Employer Interview QuestionsGenerally, employers should avoid questions that relate to classes that are protected by discrimination laws. Following are types of queries that should be avoided by employers during the interview:
An applicant may raise questions related to the above areas during a job interview. If so, the employer may discuss these topics to the extent necessary to answer the applicant's questions. Hiring ProcessWhenever an employer seeks to hire a new employee, there are a variety of things the employer must do before the new employee may begin work. These steps include:
During the hiring process, employers should avoid making promises to a prospective or new employee, as any false statements or false promises may result in breach of an "implied contract" under the law. For example, a promise that stock options will be worth a given amount, that the employee has a job for life, or that the employee will receive significant pay increases may result in such an implied contract. So, if these promises are not kept, the employer can be said to have breached the implied contract, and will be responsible to the employee for any damages the employee incurred in relying on the employer's promise. Have Your Rights Been Violated While Looking for Work? Get a Legal Claim ReviewPrior to and during the hiring process, prospective employees enjoy a number of rights under the law, including anti-discrimination laws and the law of "implied contracts." If you believe that your rights have been violated during the hiring process, whether or not you were eventually hired, you should speak with an experienced employees' rights attorney to discuss your options and protect your legal rights. Have a local attorney review your potential claim.
Regardless of the current nature of the job market, employers must always approach the recruitment process with care and follow a legally defensible hiring process. If you fail to take hiring laws seriously, just one misstep could open your company up to costly litigation, or worse. Federal and state employment laws (and some local ordinances) generally seek to protect job applicants and current employees from discrimination, exploitation, and other such offenses. Many of these protections begin the moment an individual submits a job application to your company, even if you don’t interview that person or even read their resume. In addition to exposing your company to liability, regardless of intention, ignoring crucial hiring legal issues could cause you to miss out on the best candidates and leave you with a less-diverse workforce. While it’s essential to follow employment laws and regulations, a little bit of common sense goes a long way toward hiring the best employees and reducing your legal risk. Hiring Laws to ConsiderIt is illegal to discriminate against a job candidate or applicant in job advertisements, recruiting practices, applications, background checks, job referrals, pre-employment assessments, and virtually every aspect of the employment relationship. While states may provide additional protections, the federal government (through the Equal Employment Opportunity Commission) prohibits discrimination on the basis of the following characteristics:
Other laws may also come into play during the hiring process. These include (mainly state) laws limiting the use of criminal background checks, prohibiting credit checks, banning employers from asking for an applicant’s salary history, or requiring employers to indicate the salary or pay range on their job postings (just to name a few). It’s always a wise investment to consult with an attorney as you plan out your recruiting and hiring strategy. Determine What You Need in a New EmployeeThe first step in your recruiting process should be to prepare a well thought-out job description that can be used for both hiring and employment purposes. When creating a job description, make sure you’re compliant with hiring laws and keep the following in mind:
Attract Diverse and Qualified ApplicantsGreat workers can be found from a variety of sources, and the savvy employer will look to a number of them for its hiring needs. For example, recruit at a broad range of colleges and technical schools, attend minority-sponsored job fairs, advertise in relevant community newspapers and if possible, seek partnerships with organizations that are a source of diverse employees. You can learn a lot from companies that have a strong commitment to diversity, which goes above and beyond the requirements of hiring laws. And keep in mind: unless your workforce is already diverse, relying heavily on recommendations from current employees will only maintain the status quo and will not help you increase diversity. Avoid Application PitfallsFailing to recognize and address common mistakes early in the hiring process can open your company up to liability down the road. Ask yourself the following questions before you embark on any recruiting and hiring efforts:
While answering “no” or “I don’t know” to any of these questions doesn’t mean your company is violating hiring laws, you will need to get some clarity before you proceed. It’s a good idea to review all job descriptions and application materials with an attorney to make certain they are objective and don’t ask for inappropriate information. Issues to consider and discuss with experienced employment counsel include (but are not limited to):
Ask Legal Interview QuestionsAs with the application process, employers need to think critically about their interview procedure to make sure that every person involved in the process is familiar with the “do’s and don’ts” of a legal and effective interview. Remember, hiring laws presume that all questions asked on an application or in a personal interview will be used in the hiring decision. Therefore, it is important to limit topics to only those issues that are needed to evaluate an applicant’s qualifications for the particular position. When training interviewers on proper techniques, include these suggestions:
Hire the Right People, Legally, for Your BusinessNo matter what industry you’re in or what size business you run, adhering to hiring laws and best practices is critical to your success. Even accidental violations of employment laws can create expensive, and possibly terminal, problems. Find great candidates today by posting your job for free. Legal Disclaimer: None of the information provided herein constitutes legal advice on behalf of Monster. What are some of the issues which must be taken into consideration in recruiting?8 common recruiting challenges, and solutions to overcome them:. Attracting the right candidates. ... . Engaging qualified candidates. ... . Hiring fast. ... . Using data-driven recruitment. ... . Building a strong employer brand. ... . Ensuring a good candidate experience. ... . Recruiting fairly. ... . Creating an efficient recruiting process.. What ethical issues have to be considered in the recruitment process?Here are some of the more common ethical dilemmas that can arise in recruiting:. Posting a job ad for a position that does not exist. ... . Misrepresenting the duties or requirements of an open position. ... . Unethical employee referral practices. ... . Unethical use of social media.. What are the factors to consider in recruitment process of an organization?Supply and Demand. The availability of manpower both within and outside the organization is an important determinant in the recruitment process. ... . Labour Market. ... . Goodwill / Image of the organization. ... . Political-Social- Legal Environment. ... . Unemployment Rate. ... . Competitors.. What are some of the issues and problems with the recruitment and selection process?Recruiters now face difficulties in attracting top talent. It's a candidate's job market, and firms have to work harder to capture the attention of prized potential employees. If job seekers hear bad things about your company or don't like what they see, you'll miss out on the cream of the crop candidates.
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