Hiring

Don’t make juries use their imaginations! Tell decision-makers to keep interview notes

04/22/2009

Months or even years after the fact, it can be hard for managers to remember what happened during a job or promotion interview. That can be a problem if they have to recall in court the interview and the decisions that resulted. And that can add up to unconvincing testimony, which can cause juries to doubt their sincerity and honesty—and therefore conclude the organization was discriminating.

Beware behavior that ‘poisons the well,’ spawns discrimination lawsuits

04/20/2009

Poor attitudes among managers and supervisors can infect the rest of an organization, and courts are becoming more aware of the adverse effects of such so-called “poisoned wells.” As the following case shows, when higher-ups in the organizational hierarchy display signs of discrimination, those lower down may act on those signs.

What’s going on with the new Form I-9?

04/17/2009

Q. I recently heard that employers are now required to use a new I-9 form for new employees. Is this true?

In interviews, be wary of using ‘points only’ scoring system

04/17/2009

Do you assign points or scores to rank candidates during their interviews? If so, do you explain in writing why the applicant received each score? A new court ruling says you’d better back up those numbers with an explanation or you might just lose points in front of a jury if you’re sued for discrimination.

Chicago sit-in employees will be called back

04/15/2009

The 250 Republic Windows and Doors workers who staged a sit-in at the Chicago plant last December will be called back to work over the next few months as part of a bankruptcy proceeding. The workers started the sit-in after Republic owner Rich Gillman closed the unionized plant and opened a nonunion plant in Iowa days later.

Conducting background checks that comply with the FCRA

04/14/2009

Employers that hire outside firms or investigators to conduct employee investigations and background checks must make sure those vendors strictly comply with the Fair Credit Reporting Act (FCRA). Failing to do so can result in substantial legal risks, including damages, penalties, fines, punitive damages and attorneys’ fees awards.

Using subjective hiring factors? Make sure you can clearly explain later

04/14/2009

Here’s an important reminder to managers and supervisors who interview candidates and use subjective characteristics to make hiring and promotion decisions: They’d better be able to explain exactly what led them to make the decisions they made. Interviewers should keep careful notes, including the specific questions they asked, as well as how the candidate answered the question.

Lost in translation: Remind foreign managers about U.S. age discrimination laws

04/09/2009

Discrimination at work is perfectly legal in some countries, and foreign-born managers and executives who work for U.S. employers may sometimes say things that show ignorance of U.S. laws. Those words can come back to haunt an employer that is sued for age discrimination.

Dayton settles race discrimination suit with DOJ

04/07/2009

The city of Dayton and the U.S. Department of Justice (DOJ) have agreed to settle a race discrimination suit over the city’s hiring practices at its police and fire departments.

Austin debate: Penalize employers of illegal immigrants?