Legal Rights During the Hiring Process



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Getting Hired:  Legal Do's and Dont's
What does the law have to do with getting a job? Probably more than you may think.
Legal Rights During the Hiring Process
Job applicants have legal rights even before they become employees.  Under federal law, an employer cannot illegally discriminate in its hiring process based on a job applicant's race, national origin, gender, pregnancy, age, disability, or religion. State and local laws may specify additional protected classes based on factors such as the sexual orientation of a job applicant. Employers must abide by anti-discrimination laws at each stage of the hiring process, from placing a job ad, to interviewing, to the final selection of the candidate to be hired.
Employer Discrimination

Discrimination by an employer is a heavily regulated subject, and when hiring an employee there are a host of rules and regulations that an employer can run afoul of at both the federal and state level.  Many of these laws apply to businesses with more than fifteen people, but some (such as the Equal Pay Act) apply to virtually all businesses,  and generally apply to private as well as government employers.  Here is an overview of the regulatory framework regarding discrimination by an employer.
Don't Embellish or Lie During the Application Process
Many applicants try to increase their chances of landing a job by embellishing -- or downright lying about -- their experience or credentials. Although this may help them get the job, it is a risky strategy for a number of reasons.
Drug Testing During Hiring
Many private and public employers attempt to test prospective employees (and employees already on staff) for drug and alcohol use. Although increasing in popularity among employers, such tests are not always legal. The following discussion provides information on when (and whether) a drug test may be used in the pre-employment phase.
Running Background Checks
You must respect applicants' privacy rights when conducting background checks.
Employment Law - Guide to Employment and Labor Law
Employment Law is a broad area including all areas of the employer/employee relationship except the negotiation process covered by labor law and collective bargaining. Many employment laws (e.g., minimum wage regulations, employment discrimination, workers' compensation, workplace safety, Whistleblower & Qui Tam) were enacted as protective labor legislation. Other employment laws take the form of public insurance, such as unemployment compensation.
Ten Things to Think About: Employment Contract Provisions
Employment contracts take many different forms. All employees at a company may be asked to sign the same form contract, or each employee may have a contract with the employer that is applicable just to his or her employment agreement. An employer and an employee may simply have an oral agreement regarding the kind of work the employee will do, for how long, and at what rate of pay. Sometimes there is no written or oral agreement but the behavior of the employer and the employee can be viewed as an implied employment contract.

 

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