Guide to California Pre-Employment Inquiries
Hart, King & Coldren
Subject Acceptable Unacceptable Name "Have you ever used another name?""Is any addition.
Defining an "Applicant" in the High Tech World: Emploment Law Alert, March 2004
Leslie P. Arrington of Nixon Peabody LLP
This alert discusses the guidance provided by the Uniform Guidelines on Employee Selection Procedures. By adopting a few simple procedures and ensuring that human resources staff handling the recruitment and selection process are well trained, employers will be able to use the advantages of technology for recruiting and hiring while still adhering to UGESP requirements.
Personality Testing in Employment
David J. Shaffer and Ronald A. Schmidt of Thelen LLP
This article discusses the various personality tests that are being used by corporations. In addition, this article summarizes the legal concerns relating to this type of testing in the workplace.
Don't Ask, Don't Tell Employment Applications: The Benefits and Risks of Nonresponsive Information Clauses
Dykema Gossett PLLC
Employers have long recognized that inappropriate questions on employment applications can give rise to potential l.
Criminal Background Checks In Hiring Decisions
Tanya A. Salgado of White and Williams LLP
In Pennsylvania, the use of criminal background checks in making hiring decisions is governed by 18 Pa.C.S. 9125, part of the Criminal History Record Information Act, 18 Pa.C.S. 9101-9181.
The Art of InterviewingÃÂ
Do's and Don'ts
Stein, Sperling, Bennett, De Jong, Driscoll & Greenfeig, P.C.
Interviewing and selecting candidates poses one of the more difficult challenges employers' face. A skillfully cond.
Recent Developments in Lending Discrimination Law
Gary C. Tepper and Samuel K. Charnoff of Arent Fox LLP
This article reviews both federal and state lending discrimination statutes as well as what constitutes direct and indirect evidence of discrimination. Moreover, this article examines Crawford v. Signet, a recent decision by the D.C. Circuit, whereby the court raised the plaintiff's burden of proof in lending discrimination actions.
Equal Employment/Affirmative Action Update (Four Parts)
Ely A. Leichtling and Pamela M. Ploor of Quarles & Brady LLP
Fourt part article detailing developments involving equal employment and affirmative action.
Fair Credit Reporting Act Amendments
Douglas R. Davis and Elisabeth S. Blattner of Parsons Behle & Latimer
An employer that uses consumer reporting agencies to get information bearing on a job applicant's or employee's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living in order to make employment decisions needs to be aware of its obligations under the Fair Credit Reporting Act ("FCRA").
Getting Personal May Cost You
Susan Eberle Stahlfeld of Miller Nash LLP
The employment relationship is fraught with potential litigation pitfalls for employers - even before it actually begins. There have been many lawsuits that were based on inquiries made during job interviews. These inquiries are often innocent questions intended to start a conversation or put the interviewee at ease, but they can easily backfire and lead you straight to the courtroom.
The Fair Credit Reporting Act (FCRA) and the Investigation of Employee Misconduct
Douglas B. M. Ehlke of Ehlke Law Offices
Many laws govern the employer/employee relationship, including pre-hire, hire, promotion, discipline and severing the relationship. They cover areas from discrimination to safety and health, hours worked and wrongful discharge. Employers are required to investigate allegations of harassment, hostile work environment, charges of discrimination by fellow employees and supervisors.
How to Hire the Best and Brightest
Jacques M. Wood of Buchanan Ingersoll & Rooney PC
INTRODUCTION "I don't hire anybody not brighter than I am. If they're not smarter than me, I don't need them." - .
Lex Mentis - Civil Rights for the Aesthetically-Challenged
James J. McDonald of Fisher & Phillips LLP
Most of us are shameless "lookists." We have a natural preference for good-looking people over ugly ones, whether in the context of hiring employees, selecting a mate, or watching movies or television.
To date, most employers have largely been free to discriminate against the homely. A few nations, such as France, have outlawed discrimination based on physical appearance. In the U.S., only a few jurisdictions, such as the District of Columbia and Santa Cruz, California, have enacted legislation prohibiting discrimination in employment based on physical appearance.
Employment Relations Alert: March 2004, Issue 14.
Ely A. Leichtling and Pamela M. Ploor of Quarles & Brady LLP
On March 4, 2004, the Office of Federal Contract Compliance Programs (OFCCP) and other federal agencies issued long overdue proposed guidance on the definition of who is an applicant, including when a person applies for a job via the Internet. The definition of applicant is particularly important to federal government contractors because they must track the race and sex of applicants and analyze whether hiring practices, policies or procedures have a "disparate impact" on minority and women applicants.
The Employer/Employee Relationship Begins Before the Beginning
Douglas B. M. Ehlke of Ehlke Law Offices
The employer/employee relationship clearly exists when an employer hires an individual to accomplish a task. All employers are aware of their responsibilities as related to employee safety, nondiscrimination, overtime pay and the like. But an employer's responsibility to employees begins before the first employee is placed on the payroll.
What Can You Lie About On Your Job Application? (And Still Get Paid--For A While)
Chris Wangsgard of Parsons Behle & Latimer
A recent Circuit Court of Appeals case holds that paid union organizers are permitted to lie on their employment applications about their status as "Salts" and about facts that might raise suspicion that they are union organizers.
Federal Recordkeeping Requirements: Who Is A "Job Applicant"?
Lisa A. Royee of Thompson, Coe, Cousins & Irons, LLP
For decades employers with federal contracts and resulting affirmative action obligations and reporting requirements have been required to monitor their hiring practices to prevent discrimination against minority applicants. To fulfill this obligation, covered employers are required to track the race, gender and ethnicity of each applicant. Thus, the question of "who is a job applicant" has caused much confusion among employers and counsel for decades.