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Hiring

Can we make employees or applicants pay for medical examinations?

12/04/2009

Q. Under what circumstances, if any, can an employer require an applicant or employee to pay for his or her own medical or physical examination?

4 discriminatory hiring practices will lure EEOC to your door

12/03/2009

Since 2007, the EEOC has been engaged in a major push to stamp out race-based discrimination in hiring. Known as E-RACE, the initiative’s goal is to “eliminate recruiting and hiring practices that lead to discrimination by limiting an employer’s applicant pool.” When targeting employers for enforcement action, the EEOC often zeroes in on four recruitment and screening practices:

How does the Texas job reference law affect what I can say about former employees?

12/03/2009

Q. I recently received an inquiry for a reference regarding a former employee. Does the job reference law alter what I should disclose regarding this person’s employment history?

EEOC: Company illegally used credit, criminal records

12/01/2009

The EEOC has cited national convention marketing firm Freeman Companies with discriminatory hiring practices based on the company’s use of applicants’ credit scores and criminal background checks in hiring. The EEOC alleges the company’s hiring practices have a disparate impact on minorities and women.

Can we ask about an applicant’s HIV status?

11/25/2009

Q. Is it legal to ask medical questions of applicants—specifically, if they have HIV? Does the law allow any legal exceptions to ask this question of people applying for food-handling positions?

Employment eligibility update: E-Verify in, no-match rule out

11/24/2009

In August 2009, the U.S. Department of Homeland Security (DHS) published a proposed regulation that would rescind the “no-match rule” that for years has been the centerpiece of the government’s effort to enforce laws banning employment of illegal immigrants. The no-match rule made employers responsible for resolving discrepancies when employees presented mismatched Social Security numbers on employment eligibility verification Form I-9. DHS wants to rescind the no-match rule in order to emphasize its E-Verify program …

How long must we keep unsolicited résumés?

11/24/2009

Q. During these tough economic times we get numerous unsolicited e-mailed résumés from candidates seeking employment. Do we have any obligations to keep these résumés on file?

ICE cracks down on employers that hire illegals

11/24/2009

The feds are turning up the heat on employers that shortcut employment eligibility verification laws, targeting 1,000 companies nationwide. Will you be one of them? You can help ensure you’re compliant by checking out our webinar CD Immigration Compliance Update 2009: I-9s, E-Verify, Crackdowns and the ‘Obama Effect’.

Keep an open mind when hiring holiday help

11/16/2009

Employees who typically moonlight as sales clerks and warehouse workers to pick up extra cash for the holidays could have an especially hard time this season because so few retailers are hiring holiday help. Tip: Don’t turn away a good candidate for being overqualified for a seasonal job.

Hiring issues that apparently weren’t covered in law school

11/13/2009

It wasn’t your usual online ad for a Chicago secretary/legal assistant job. It appeared in the “adult gigs” employment section of Craigslist.com. It asked for pictures, a physical description and measurements …