Employment Law Blog

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Showing posts for: Hiring

Photo of Jodi Slavik
May 26 2017
HiringImmigration  

A glitch in the system: Are you using the correct Form I-9?

On April 6, 2017, U.S. Citizenship and Immigration Services (USCIS) disclosed on its “what’s new” feed that an early version of the new Form I-9 contained an internal technical error. Then on April 17, the agency alerted the Society for Human Resource Management (SHRM) that some HR professionals are inadvertently using that bad form.…

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Photo of Jodi Slavik
Apr 18 2017
Q&AHarassment & DiscriminationHiring  

Q&A: Hiring a transgender receptionist

Q: We interviewed an applicant for our receptionist position that was dressed as a woman but looks like a man. My conservative boss doesn’t want to hire her because she might turn off customers. Is this a legitimate reason not to hire her?

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Photo of Jodi Slavik
Apr 18 2017
Q&AHiringPrivacy & ConfidentialityTermination & Resignation  

Q&A: Use caution before telling the truth about former employee

Question: We just got a call from a business that wants to check on a former employee. They faxed a release the former employee signed waiving liability for information we share. Are we safe telling them what a bad employee she was?

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Photo of Kandis Sells
Mar 23 2017
DisabilityHarassment & DiscriminationHiringTermination & Resignation  

Accurate job description results in dismissal of worker’s ADA claim

After an employee was terminated from her job as a groundskeeper at a community recreational park, she sued her employer under the Americans with Disabilities Act (ADA). Based primarily on the job duties listed in the employer’s written job description, a federal court agreed that the employee was not able to…

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Photo of Kandis Sells
Feb 21 2017
HiringImmigration  

Employer fined more than $109,000 for Form I-9 violations

Employment eligibility verification and immigration law: As an employer, have you ever done the following? (1) Stapled a copy of a new hire’s identification documents but didn’t actually fill out the Form I-9; (2) Didn’t complete a Form I-9 within three business days of hire; or (3) Didn’t retain I-9 forms for former employees more than a year. If…

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Photo of Jon Benson
Feb 16 2017
Hiring  

Employer violated FCRA by including waiver in disclosure form for background check

The U.S. Ninth Circuit Court of Appeals recently ruled against an employer who included a waiver of liability in the same document that contained a disclosure statement required by the Fair Credit Reporting Act (FCRA).

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Photo of Jodi Slavik
Feb 06 2017
Q&ADisabilityHiringTermination & Resignation  

Q&A: Think twice before revoking job offers based on red flags

Question: We just found out our new hire was fired from his last job for bad attendance, after which he sued the company for disability discrimination. We’re worried he’s not a fit. Can we revoke the conditional job offer?

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Photo of Jackie Marks
Sep 01 2016
HiringImmigration  

Increased penalties for immigration related violations now in effect

The U.S. Department of Justice (DOJ) has published a rule change, effective August 1, 2016, that substantially increases the possible penalties for immigration related violations. Although the change took effect on August 1, it allows the agency to issue the higher fines for any violations that occurred after November 2,…

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Photo of Christine Meadows
Jul 08 2016
Q&AHiring  

“Ban the Box”: Can I still ask applicants about criminal backgrounds in Oregon?

Question: Can Oregon employers still ask applicants if they have ever been convicted of a crime?

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Apr 18 2016
Harassment & DiscriminationHiring

DFEH of California issues guidance on transgender rights

The California Department of Fair Employment and Housing (DFEH) recently issued new guidance for employers regarding transgender rights in the workplace. In order to be protected by the law, a transgender person does not need to complete any particular step in a gender transition (social or medical). The new guidance…

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