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Oct 02 2013
Affirmative ActionDisabilityHiring

Understand what deadlines apply to new rules on veterans and disabilities

Employers with federal contracts or subcontracts need to understand their deadlines for coming into compliance with new affirmative action rules for veterans and people with disabilities. All covered federal contractors will have to comply with certain parts of the rules in March 2014 (180 days after publication in the Federal Register, which should happen any…

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Sep 10 2013
DisabilityHiringQ&A

Can I ask job applicants if they smoke?

A: Asking this question for most jobs is not a good idea. It could be perceived as a breach of privacy because smoking tobacco is a legal activity, and some states’ laws protect legal, off duty conduct. Also, one could argue that smoking is an addiction, which would be a protected disability. However, if being…

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Jul 11 2013
HiringImmigrationQ&A

Employee SSN not essential at the time of hire

A: Yes, if he can provide adequate documentation of his identity and work authorization for the Form I-9 at the time of hire. When a foreign worker applies for a Social Security number (SSN), the Social Security Administration (SSA) has to verify the person’s work authorization with the Department of Homeland Security. The delay caused by…

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Jul 01 2013
HiringImmigrationOregon

OREGON: Driver cards for illegal immigrants may throw a wrench in your I-9 process

Individuals who cannot provide documentation that they’re authorized to be in this country can now obtain an Oregon Driver’s Card, pursuant to a bill that was recently signed into law (SB 833). Effective January 1, 2014, the Oregon Department of Motor Vehicles will be authorized to issue Driver’s Cards to individuals who cannot provide sufficient…

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May 29 2013
HiringQ&A

Some laminated Social Security cards okay for Form I-9

A: It’s a bit unclear, but it’s probably okay to accept the card as long as it doesn’t say “not valid if laminated” on the back. The United States Citizenship and Immigration Services (USCIS) website’s Form I-9 Central Questions and Answers include this guidance in response to a question asking whether a laminated Social Security…

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May 07 2013
Hiring

Background checking? Don’t forget FCRA notices

If you run third-party background checks on applicants or employees, such as checking whether they have any criminal convictions, be sure you comply with hiring laws and the federal Fair Credit Reporting Act (FCRA). At Vigilant we often find that employers don’t realize that FCRA compliance means more than just getting an individual’s permission to…

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May 04 2012
Hiring

EEOC cautions employers on use of criminal history in employment decisions

The federal Equal Employment Opportunity Commission (EEOC) has issued updated guidance for employers on the use of an applicant’s criminal history, including arrests and convictions, when making employment decisions. The EEOC has long maintained the position that arrest records, unlike criminal convictions, are not reliable indicators of criminal conduct, but an employer may take into…

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Apr 06 2012
Hiring

There’s a right way and wrong way to review applicants’ Facebook pages

Recent called for a federal investigation, and Facebook itself has   Reviewing applicants’ social media pages can be useful, but there is a right way and a wrong way to go about it. Here’s what we recommend: Determine the purpose of such a review, because it could affect what sources you check and when. If…

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Mar 06 2012
DisabilityHiring

EEOC clarifies stance on use of high school diploma as job requirement

The federal Equal Employment Opportunity Commission (EEOC) has received a great deal of commentary on an clarifying letter to offer further guidance on when employers may require a high school diploma for a particular job position. The EEOC offers several questions and answers, which help flesh out their guidance about when a high school diploma…

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Feb 08 2012
Affirmative ActionHiring

Affirmative Action: Longshore company to pay $219,000 to settle hiring discrimination case

JacintoPort International LLC agreed to pay $219,000 in back wages and interest to 48 African-American and 21 Caucasian job applicants who were allegedly denied employment on the basis of their race. The company went through an affirmative action audit by the Office of Federal Contract Compliance Programs (OFCCP), resulting in a conciliation agreement in June…

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Feb 06 2012
HiringQ&A

What obligation do we have to rehire someone who left for an injury?

You have the same obligation to evaluate your former employee as you would any other candidate for the position. In other words, don’t assume that he physically can't perform the job simply because you know about his past medical condition. A California police officer was recently allowed to continue his claim against his former employer…

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Jan 18 2012
DisabilityHiring

ADA may require exceptions to minimum education standards

In an informal discussion letter, the U.S. Equal Employment Opportunity Commission (EEOC)

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