With several laws which protect workers from employment abuses and illegal practices, employers should be aware of all the legal proceedings, especially in the hiring process, to avoid costly lawsuits.
Employment lawyers said there are six steps to make the hiring process in line with law:
1. Do not discriminate an applicant
According to the Equal Employment Opportunity Commission (EOCC), it is unlawful for employers to discriminate a worker based on gender, sexual orientation, race, color, national origin, ethnicity, religion, marital status, disability, and age.
To determine if an act is discriminatory, this should have no legitimate relation with employment. For example, a company which did not hire a qualified worker because of his religion is considered as illegal discrimination and violates the right of every person to have equal opportunity in employment.
Meanwhile, the EOCC said all the federal and state agencies, labor organizations, education institution, and employers with 15 or more workers are covered by the anti-discriminatory law.
2. Respect the applicants right of privacy.
Some employers have the tendency to scrutinize every personal detail of applicants to the extent of violating their right of privacy.
According to lawyers, no employer can force workers to submit themselves to drug tests and aptitude tests unless they give their consent to it.
While knowing more information about an employee can help employers decide on who among the applicants are the most qualified, they should know that the law regulates how they can acquire personal background and credit history of employees.
Still, employers who will hire workers in a sensitive position should check their background.
For example, a recruitment agency should make sure that the security guard it will hire has a clean personal background to ensure the safety of people.
Employer lawyers said that if an employeewho has a criminal recordcaused harm to other people, the employer may be liable for negligent hiring claims.
3. Avoid making false promises to employees.
Employers should not give false promises to workers such as job security, benefits, and pays.
Here is a case which involved false employment promises:
In the 1986 case of Hetes v Schefman and Miller Law Office, Joan was hired by a law firm as a receptionist, but after just eight months of working, she was fired without any reason.
She sued her former employer on allegation that the latter made false promises by saying she will remain employed if she will provide satisfying job.
The court ruling sided with Joan, saying that such employment promises should be given.
4. Follow the law in hiring minors.
According to the Department of Labor, minors should only work in a safe and secure environment that will not hinder with their education.
5. Follow the laws in immigrants
It is unlawful to hire undocumented immigrants, doing so have serious legal consequences.