Hiring and Recruiting

Companies become subject to a number of employment laws as soon as they begin the process of searching for a new hire. How and where to look for employees, what to say in want ads, what questions can be asked during the interview process, what steps need to be taken to bring an employee on board, and other similar actions all need to be undertaken in compliance with applicable employment laws. Federal, state, and local anti-discrimination laws mandate that hiring and recruiting actions be taken without regard to an applicant’s protected characteristics, such as his or her age, race, nationality, and gender. To avoid costly lawsuits, it is important for employers to understand the extent of their legal obligations when hiring and recruiting.

Pre-employment inquiries (Application/Job Ads/Interview)

In order to find the best fit for an open position, it is natural for an employer to want to learn as much as they can about potential new hires. Applicants are questioned and references are contacted in order to obtain information that allows a company to identify and select their ideal candidate. Certain inquiries, however, when asked in an interview or written on a job application, can run afoul of discrimination laws and other pre-employment protections. Understanding what can and cannot be asked or requested in the hiring process is key to avoiding pre-employment lawsuits.

Background Checks/Drug Test/ Medical Tests

Employers often utilize a variety of pre-employment tests to evaluate an applicant’s suitability for a job. Typing, computer proficiency, machine operation, drafting ability, and similar, job-specific skills tests that allow employers to examine the pertinent abilities of potential employees are generally legally permissible. However, tests that address factors other than objective skills, such as personality tests, drug tests, medical tests, and background checks, are governed by numerous laws to both protect applicants’ privacy and to guard against such tests being used in a discriminatory manner.

Offer Letters and Job Descriptions

When a company has selected the applicant it wants to bring on board as an employee, the company should provide written documentation to that individual which confirms the nature of the job being offered and the expectations of the role. This documentation can in the form of an offer letter, job description, or both. Though usually relatively simple, offer letters do have legal consequences. As a result, it is important for employers to understand what an offer letter should contain. Offer letters should contain all pertinent information about the position being offered so that an applicant can determine whether or not to accept the job. These letters should also contain certain necessary components to legally protect the employer. On the other hand, job descriptions are general overviews of the expectations and responsibilities of a position. While they may seem it, job descriptions are not the same as want ads or job procedural manuals. Each of these documents serves individual and specific legal purposes, and employers need to understand the differences between them.