Hiring Legally A Guide for Employees and Employers

The principles, procedures, and policies applicable to hiring are reviewed by this book to assist in minimizing litigation risks for employers and acquainting employees with these employer procedures to protect their disclosures of non-job-related information. Areas covered include the hiring process, pre-employment screening fundamentals, data verification, and federal and state statutes affecting the hiring process.

CHAPTER 1 - The Hiring ProcessGENERAL HIRING CONSIDERATIONSSPECIAL HIRING CONSIDERATIONSRECRUITING SOURCESHIRING AND DEALING WITH DISABLED EMPLOYEES Meeting and Evaluating CandidatesDeciding What the Job IsAccommodating Employees with DisabilitiesObtaining Supervisor SupportIntergrating Employees with DisabilitiesCareer Accessibility MINIMIZING LITIGATION RISKS DURING THE HIRING PROCESSCHECKLIST BEFORE EMPLOYMENTHIRING POLICIES CHAPTER 2 - Pre-Employment Screening FundamentalsADVERTISEMENTS DraftingAdvertisement Forms APPLICATIONS AdvantagesPreparationInquiries that Should Be AvoidedApplication FormsApplication: Affirmative Action InformationApplication Employment Contract Disclaimer FormsApplication Information Release Form INTERVIEWS Interview ProcessMinimizing Litigation Risks During InterviewsInterview MethodsInterview EvaluationInterview Policies CHAPTER 3 - Data VerificationARREST RECORDS DraftingSample Policies CREDIT CHECKS DraftingSample PoliciesCredit Check Consent Form CRIMINAL CONVICTIONS DraftingSample Policies FINGERPRINTS DraftingSample Policies IMMIGRATION Guidelines for Completing the Employment Eligibility Verification Form (Form I-9)Persons for Whom Form I-9 Must Be CompletedTemporary United States Visas Suitable for EmploymentCounterfeit Document DetectionSample Policies PHOTOGRAPHS DraftingSample PoliciesPhotograph Consent Form PHYSICAL EXAMINATIONS DraftingSample Policies REFERENCE CHECKS General ConsiderationReference Check MethodsProviding ReferencesReference Checking CautionsSample PoliciesInformation Release FormTelephone Reference Check SKILL TESTING Skill Testing Effectiveness and ProprietySkill Testing Use DeterminationsDraftingSample Policies CHAPTER 4 - Federal and State Statutes Affecting The Hiring ProcessMAJOR FEDERAL STATUTORY PROVISION Age Discrimination in Employment Act of 1967 (ADEA)Americans with Disabilities Act (ADA)Civil Rights Act of 1964 (Title VII)Equal Pay ActNational Labor Relations Act (NLRA) STATE STATUTES Fair Employment Practice (FEP) StatutesLabor Relations Statutes APPENDIX A Pre-Employment Disability-Related and Medical Examination Equal Employment Opportunities Commission (EEOC) Guidance APPENDIX B Equal Employment Opportunities Commission's (EEOC's) Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act (ADA) (March 1, 1999) APPENDIX CEqual Employment Opportunities Commission's (EEOC's) Uniform Guidelines on Employee Selection Procedures: A Summary TABLE OF CASES INDEX ABOUT THE AUTHOR

Kurt Decker