Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts for: Hiring

Photo of Jackie Marks
Aug 22 2018
Q&ADisabilityDrug and AlcoholHiringTermination & Resignation  

Q&A: Use MRO to verify whether prescription caused positive drug test

Question: We require all new hires to pass a pre-employment drug test. Do we have to use the same process we use for our random, reasonable suspicion, and post-accident drug testing and send positive test results to a medical review officer (MRO)? Or, can we simply ask potential new hires for a list of medications they have been prescribed?

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Photo of Kandis Sells
Jul 02 2018
Harassment & DiscriminationHiring  

Q&A: Limit on prior work experience in hiring may be age discrimination

Question: In job postings for our entry-level manager positions, we list the requirements as “3 to 7 years (no more than 7 years) of relevant work experience” to make sure we don’t waste our time interviewing a bunch of overqualified candidates. We recently had an applicant complain that our cap on prior work experience constitutes unlawful age discrimination, but job postings like ours seem really common. It’s okay for us to set a limit on prior experience when we’re hiring, right?

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Photo of Kandis Sells
May 30 2018
Harassment & DiscriminationHiringSafety and Health  

New domestic violence law expands protections in Washington

Washington has significantly revised its Domestic Violence Leave law to prohibit discrimination against applicants or employees who are victims of domestic violence, sexual assault, or stalking. The new law applies to all employers as of June 7, 2018, and prohibits employers from: Refusing to hire an actual or perceived victim of…

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Photo of Karen Davis
May 23 2018
HiringLabor Relations  

ALERT: Supreme Court says new hires can waive class actions in arbitration agreements

The U.S. Supreme Court has ruled that employers may require new hires to agree that any employment disputes must be resolved by taking their claims to an arbitrator on an individual basis. The Court’s ruling allows employers to proactively prevent workers from later joining together to file class-wide lawsuits or arbitration…

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Photo of Sean Brown
May 09 2018
Harassment & DiscriminationHiring  

Washington Governor signs statewide “ban the box” law

Washington’s new “ban the box” law, which takes effect June 7, 2018, prohibits private employers from asking about criminal history before deciding whether an applicant meets the basic criteria for the position. It also prohibits job ads that automatically exclude people with criminal histories from applying (e.g., by saying “no felons” or “no criminal…

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Photo of Karen Davis
Apr 11 2018
Affirmative ActionHarassment & DiscriminationHiring  

Federal contractors settle with OFCCP

The Office of Federal Contract Compliance Programs (OFCCP) has posted more settlements online, after employers with federal contracts agreed to settle allegations of discrimination in pay and hiring. The OFCCP had conducted affirmative action audits of the contractors. The companies below denied the agency’s allegations but eventually agreed to pay significant sums…

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Photo of Sean Brown
Jan 17 2018
Q&AHarassment & DiscriminationHiring  

Q&A: Can past lawsuits be a factor in hiring decisions?

Question: We just received an application from a candidate who’s clearly qualified, but we know he sued his last employer for discrimination and we’d rather not hire someone who goes around suing people. Can we get in trouble for rejecting him?

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Oct 19 2017
Harassment & DiscriminationHiringImmigrationLeave LawsWage and Hour

California Governor signs a slew of new legislation in 2017

The 2017 California legislative session has drawn to a close, and Governor Jerry Brown recently signed a slew of new bills affecting private employers. Below are the major employment-related bills that affect most California employers. All of them take effect on January 1, 2018. AB 168: Bans employers from asking job…

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Photo of Jackie Marks
Aug 28 2017
Q&AHarassment & DiscriminationHiring  

Q&A: Altering usual hiring process could lead to retaliation charge

Question: A former employee has reapplied for a job at our company. After she quit about three years ago, she filed a discrimination charge with the Equal Employment Opportunity Commission (EEOC). The charges were dismissed, but we don’t really want her back again. We don’t have to hire her, do we?

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