Employer Liability for Recruitment and Hiring Practices: Federal

Author: Sean R. Kelly, Saiber LLC

Summary

• In advertising and recruitment materials, identify all essential and nonessential tasks of the position. See Include All Essential and Nonessential Tasks.
• Avoid bias, express or implied, in recruitment materials. See Avoid Bias.
• Employers should stick to their standard recruitment process; do not bypass that process in order to act quickly in hiring a word-of-mouth prospect. See Be Careful Before Bypassing Recruitment and Job Posting.
• Keep the records necessary to defend a hiring decision and to show the absence of discrimination. See Keep Thorough Records Throughout the Hiring Process.
• Perform all job references and background checks appropriate to the position. See Conduct Appropriate Background Checks and Testing.
• Limit testing to positions for which it is truly necessary and defensible. See Testing.
• Avoid improper inquires, both on the job application form and during the interview. See Avoid Improper Interview Questions.
• Emphasize that employment is at-will and have the new hire acknowledge that in writing. See Have the New Employee Sign an Acknowledgement That Employment Is At-Will.
• Summarize the terms of the job offer in a carefully drafted offer letter. See Make No Unauthorized Promises in Making the Job Offer.
• Consider requiring a restrictive covenant or a confidentiality agreement from a new hire. See Consider Requiring Restrictive Covenants to Protect Against Employee Competition.
• Collect and maintain all appropriate data and records. See Comply With All Employment Recordkeeping Requirements.