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HR Hot Topics |
Hiring
Hiring an employee can be one of the more pleasurable tasks an employer undertakes. Unlike firing, disciplining, or even making the tough decision of which employee to promote, hiring should be purely rewarding. Often, needing to fill a new position is an indication that a business is prosperous and growing. Related articles on Hiring However, just like having fun can sometimes be hard work, hiring can be wrought with its unique set of very real challenges. For example, many human resources specialists point out that the best way to handle problem employees is to never hire them in the first place. Regardless of how much truth there is to that, few would argue with the sentiment that good hiring leads to a better workplace. All-around good hiring requires either good luck or effort on the part of human resources to correctly develop all the steps of the hiring process. Finding the right person means making sure that all the components are in working order. Posting the job with the correct information, handling and organizing the applications and resumes, conducting interviews, performing background checks, checking references, and finally evaluating all of the information about the different candidates are all critical steps to this process each with its own unique requirements and skills. There are, of course, other potential issues such contractual issues, immigration paperwork requirements, conducting employment tests, and others. At every stage of the hiring process, employers must be careful not to illegally discriminate against applicants for the position. Since discrimination is prohibited on the basis of race, gender, national origin, age, and disability – and by now most job applicants know that – any indication of bias in the hiring process might lead to serious legal repercussions. For example, even a seemingly innocuous question during the interviewing stage such as “when did you graduate from high school?” can potentially lead to a lawsuit under the Age Discrimination in Employment Act (ADEA). Employers and personnel in charge of interviewing also should be aware that, even though Title VII of the Civil Rights Act of 1964 prevents hiring men over women or vice versa, it doesn't cover discrimination based on marital status or sexual orientation. Some state legislatures have guaranteed protection against discrimination of this kind. The obvious exception to all of this is affirmative action, which allows employers to discriminate on the basis of a protected category — such as race, sex, national origin, or religion — when the affirmative action is done to remedy past discrimination in a particular job category or industry. Generally, affirmative action strategies are allowed only when evidence exists that a history of past discrimination has prevented minorities from holding positions in specific job categories or industries. The current trend shows that courts are beginning to read that exception more and more narrowly, tightening the requirements for companies that want to implement affirmative action strategies.
Related articles on Hiring from the State Employment Law Letters
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