Essay Preview: Law
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I. Avoiding legal complications during the interviewing process of potential applicants
a. Innocent comments can quickly escalate into major controversy
i. Prejudicial- used by unhappy applicants as basis for a discrimination lawsuit
b. Two simple rules to protect yourself
i. Do not ask about any characteristic that the law prohibits you from considering in the decision making process
1. Religion, family, etc.
ii. Respect the applicants privacy
c. What can you ask?
i. Create two lists, Task performed for job & skills/experience required for position
ii. Use list as a subjective tool for all interviews- guarantees consistency and fairness in questions & requirements
iii. Remember you are allowed to ask questions that relate to the job
Lawful Inquiries Vs. Unlawful Inquiries
Are you 18 yrs or older?
How old are you?
Is your spouse employed by this employer?
Are you married?
Are you legally authorized to work in the US?
Are you a natural born citizen?
Where are you from?
These are the essential functions of the job, how would you perform them?
Do you have any physical disabilities that prevent you from doing the job?
II. Be careful what you promise to prospective employees
a. If you tell an employee something about a job, you better mean it
b. Any promises are considered an Implied Contract and can be binding in the court
c. Promise Pitfalls
i. Dont speculate earnings or stock options
ii. Dont promise that termination is only based on performance
iii. Inform of potential cutbacks, like staff reductions
iv. Dont promise planned compensation increases
v. Stick to what the job consist of, nothing more
vi. Dont make an employee do a job that they were not hired for
d. Honesty will help to reduce most of these problems. No one wants a disgruntled employee on the job. If you tell the truth, and the applicant wants the job then youve probably found a good fit.
III. Applicants with Disabilities