It is important to ensure that your company’s hiring process not only follows the law, but that the process also adequately screens job applicants. Many employers make mistakes during the interview process, mistakes that could be extremely costly. It is important to note, that even at the application stage, job candidates have a multitude of rights. It is extremely easy for employers to violate these rights and become inadvertently liable. Our business and employment law firm will assist your business in understanding how to properly interview employees while avoiding costly litigation and claims of employment discrimination.
For example, the Americans with Disabilities Act, as amended (“ADAAA”), provides disabled employees with a broad range of employment rights. These employment rights start at the application stage. Not only does the ADAAA prohibit employers from discriminating against a potential employee because of a disability, but the ADAAA requires an employer to provide disabled employees with a reasonable accommodation. Although an employer has the right to ask a job candidate whether an accommodation is needed if the candidate is hired, this can be used against an employer as evidence of discrimination if the candidate is not hired. Thus, it is important to consider your employment needs carefully when crafting application and interview questions. The wrong question could give rise to charge of discrimination with the EEOC and costly litigation. Our business and employment law firm may be able to assist your business develop an appropriate interview process and defend you if litigation arises.
Job candidates will often bring claims for discrimination based on race, religion, sex, national origin, pregnancy, sexual orientation, and other protected categories. Additionally, job applicants often bring claims alleging that their privacy rights were violated by the use of credit reporting, drug tests, and criminal background checks. These are conversations each employer should have with an employment attorney. Our business and employment law firm can assist your company in developing a hiring process that minimizes the risk of litigation while identifying top applicants.
Stacy Cole Law, P.C. can not only defend your business if such a claim arises, but our business and employment firm can partner with your business and help you implement a hiring process aimed at finding successful employees and eliminating the risk of litigation.
What Questions Can an Employer Ask During Interviews?Employers should be cautious about the questions asked during interviews. The wrong question could give rise to a charge of discrimination claim with the EEOC and costly employment law litigation. Thus, it is important for employers to train their employees on the proper way to conduct an interview.
A successful interview allows an employer to identity top job candidates while protecting the company from claims of employment discrimination. Give the number of interview many employers perform in one year, there is substantial exposure for employment law claims. A clever employment lawyer will use inappropriate questions or comments against an employer in litigation.
Our business and employment law firm can both provide your employees with the appropriate training to minimize your liability and defend your business against current claims with the EEOC and in litigation.