Hiring new employees may not be as straightforward as it appears, and there are potential traps along the way that HR needs to be careful to avoid. Hiring is the most important function of any organization since your mission is accomplished by the people you hire. You are fortunate when you make good selections, but you are haunted by bad hires and often end up in litigation over the hiring process or the later discharge of poor employee selections. If you know how to interview prospective new hires, you’ll be taking an important step towards avoiding possible legal pitfalls and complications that can occur later on. Interviewing prospective employees is a well-defined process which involves: steering clear of illegal areas of inquiry, developing interview questions which yield the information you need but don’t violate the rights of the candidate, validation of the selection criteria that are being used, appropriate interview questions and benchmarks, standardizing the interview procedure, appropriate documentation, and more.
Federal and state laws including: many anti-discrimination statutes, the Americans with Disabilities Act, anti-retaliation laws, and so on dictate what is and isn’t “legal interviewing.” These laws and related regulations determine what you can ask, how you ask it, what you can do with the information you get whether you asked for it or not, and even how you might be expected to evaluate the information you receive. Get any of this wrong and you might be hearing from the courts, EEOC, or the NLRB. The best way to reduce your potential personal liability and the chances of your employer being sued is to make sure that you are conducting “legal interviews.”
Please join Bob Gregg, attorney at law, as he guides you through the steps representing a legal interview, providing guidance and practical suggestions for avoiding the “don’ts” and emphasizing the “dos” of legal interviews.
Just a sampling of what this webinar will cover:
- Review of laws affecting hiring including: anti-discrimination statutes and regulations, anti-retaliation, disability, etc.
- Illegal discrimination, for example, relating to disability, age, sexual orientation, etc.
- Illegal inquiry including sick leave, record of workers comp, FMLA, physical or mental disability.
- Developing interview questions. What if a candidate volunteers problematic information?
- Job validation.
- Developing hiring standards including key responsibilities of a position, methods of eliciting information and measurement methods.
- Interview process and method including interview and testing accommodations for applicants with disabilities, benchmarking applicant responses, etc.
- Documentation dos and don’ts including taking notes, documentation retention requirements, doodling into danger, etc.
- Standardized interview where everyone knows the rules.
- Post interview verbal and email discussions and electronic discovery.
- Privacy and maintaining confidentiality – possibly drifting towards personal liability.
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