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Hiring

Can we ask about disabilities before hiring?

03/08/2012
Q. We recently extended an employment offer to someone who was later determined to be unable to perform the job’s essential functions due to a visual impairment. As a result, we wasted a significant amount of time. Aren’t workers obligated under the ADA to disclose that they suffer from a disability?

Background check into workers’ comp claims isn’t subject to Fair Credit Reporting Act

03/08/2012
Here’s some good news for em­­ployers that check workers’ compensation claims against an applicant’s claim he’s never been injured on the job: You don’t have to inform him where you got the information be­­fore you take action because workers’ comp checks aren’t background in­­vestigations subject to the federal Fair Credit Reporting Act.

Survive EEOC crackdown on background checks, leave policies

03/08/2012
The EEOC received a record 99,947 charges in 2011. Given this sharp increase in charge activity, now’s a good time to review your personnel policies. Consider two EEOC enforcement trends: scrutiny of background checks and inflexible leave policies.

How often do you review and revise job descriptions?

03/06/2012
The need to hire someone new is the major impetus to revise job descriptions.

Reference checks: How to dig the dirt–legally

02/28/2012

As part of the hiring process, supervisors are sometimes called on to check an applicant’s references. Those phone calls can help you accurately assess a person’s strengths, weaknesses and past job performance. But checking references can also be challenging—and legally tricky. Here are six guidelines for soliciting information without bumping into legal issues:

Interviewing: The 10 most common manager mistakes

02/27/2012
Conducting job interviews requires managers to strike a tricky balance between politeness and assertive evaluation. One wrong word or action can drive an applicant away—or even trigger a lawsuit. Warn managers to avoid these top 10 mistakes when interviewing job candidates.

Bias against the unemployed: States and feds pushing bills

02/24/2012
Last year, New Jersey became the first state to make it illegal for employers to refuse to hire applicants just because they’re unemployed. And Presi­­dent Obama’s jobs bill would make it an un­­lawful. Outlook: Look for more states to pass such laws, but it won’t get through Congress this year.

When making reference-check calls, take and retain good notes

02/23/2012

Sometimes, it’s a close call to decide who will be the best fit for a job. Checking applicants’ references can break that tie. Just make sure you take careful notes during those discussions, and retain those notes in case there’s litigation.

What’s our duty to accommodate a religious need we just learned about?

02/22/2012
Q. An employee we hired a couple weeks ago just told us that he is Muslim and can’t work on Fridays. During the interview, he was asked whether anything would prohibit his working a proposed schedule that specifically included Fridays. He said no, in writing. Can we let this guy go?

No promotion postings? You’re courting a bias suit

02/22/2012
Employers that don’t post internal promotion opportunities are risking unnecessary lawsuits. The fact is, when jobs aren’t posted, employees can sue over the lost opportunity to apply.