Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts for: Hiring

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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Photo of Josephine Ko
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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Photo of Jackie Marks
Jul 10 2017
Q&AHarassment & DiscriminationHiring  

Q&A: Should we use employment tests to help us identify the best candidates?

Question: My company is hiring, and a testing company tells us that it can help us identify the best candidate for the job. What do you think?

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Photo of Jackie Marks
Jul 05 2017
Q&ADisabilityHarassment & DiscriminationHiring  

Q&A: Post-offer medical testing problematic when hiring temp agency employees

Question: We currently contract with a temporary employment agency for workers and will hire some of these workers after 90 days of successful work. We require all new regular employees for production and maintenance positions to undergo a pre-employment (post-offer) medical test. When we offer regular jobs to the temp…

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Photo of Sean Brown
Jun 30 2017
Harassment & DiscriminationHiringImmigration  

Requiring new hires to present specific IDs for I-9 costs employer $225,750

An employer in eastern Washington required all green card holders to present their Permanent Resident Cards when completing the Form I-9. The U.S. Department of Justice (DOJ) has announced that this employer has now agreed to pay a fine of $225,750 to settle discrimination charges. The employer also agreed to…

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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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