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Hiring

‘Blind’ applications help defend against frivolous lawsuits

09/01/2007

If the people reviewing employment applications don’t know the race of the candidates, they can’t discriminate for or against any particular applicant. That’s why you should consider using a “blind” application process …

Train interviewers to not comment on employees’ promotion chances

09/01/2007

Unless they clearly understand they must treat all job candidates with the utmost respect and stick to job-related questions, supervisors inexperienced in HR matters can turn a simple hiring or promotion into a lawsuit …

Do you destroy hiring documents? Track process anyway

09/01/2007

Nothing generates paper like the hiring process, especially if it involves multiple interviews and committee meetings. What do you do with all that paper? If you destroy it, be prepared to show you do so routinely. Otherwise, a jury or judge may view the destruction as evidence you have something to hide …

How to draft a legal drug testing policy

09/01/2007

Q. I recently read a report that said drug use among employees actually went up in the past decade. We’re considering starting to do drug tests. What should our policy say? —L.U. …

Attorneys’ fees may be due even if employees collect nothing

09/01/2007

It was a good case for the lawyers anyway. Demonstrating just how expensive an ADA case can be, a federal appeals court ordered fees to be paid to the attorneys who brought a class-action ADA case against Rent-A-Center. The case involved the company’s use of the Minnesota Multiphasic Personality Inventory test to screen out applicants and employees with low scores …

Drug testing: Minimize lawsuit risk with smart policy

09/01/2007

You have the right to demand a drug-free workplace, but employees also have reasonable rights to privacy. That’s why drug testing and substance-abuse prevention programs carry big-time legal risks if they’re not managed properly. Employers can safely administer drug testing before hiring someone, during a fitness-for-duty test and after a preventable accident …

Make sure job skills tests measure what prospective employees actually will do

09/01/2007

You’ve just created a new position and a job description to go with it. That description includes essential job functions, as well as education and training requirements. Now you want to create a skills test to make sure applicants can do the job. Not so fast! Before you have the first applicant take the test, double-check that your test measures the attributes related to the essential functions you specified in the job description …

How to handle ‘No-Match’ letters: New rules go into effect on Sept. 14

08/19/2007

The Department of Homeland Security just published final regulations that provide guidance to employers on how to respond to "no-match" letters, which notify employers of discrepancies with employees’ Social Security numbers. If you follow those steps correctly, you’ll earn immunity from penalties if illegal workers are found at your business. How can you comply? Read on.

Remove open job listings if you don’t plan to fill them

08/01/2007

Do you routinely keep unfilled positions open and posted? If so, consider removing them until your organization plans to actively recruit to fill them. Otherwise, an employee who is disgruntled for not having been promoted may see the posting and try to argue that he or she is being retaliated against for prior complaints …

Texas unemployment rate drops to historic low

08/01/2007

In May, the Texas seasonally adjusted unemployment rate fell to 4.1% (from 4.2% in April and 5.0% a year ago), its lowest point since 1976. Texas employers have added 239,000 jobs over the past 12 months …