Stay out of trouble by understanding the legal trends, tips and tricks, and general guidelines of job posting and notifications.
The days of posting job ads and openings in the local paper are long gone. Today, between the craziness of filling open positions and applicant screenings and the endless opportunities provided by the internet and social media, the hiring process is more complicated than ever. How and where a business advertises job openings and the language used in those postings has a significant effect on the caliber of potential hires and the possibility of an adverse legal action against your company. A seemingly innocent phone call or email, or even a text, can create significant liability and expense down the road often not rearing its head until weeks or months later.
It is important to work closely with human resource professionals or hiring managers to understand the dynamics and potential traps with regards to job postings and notifications. This topic will prepare you for those challenges. In particular, this material will address new, legal trends, tips and tricks, and general guidelines to help you have more time operating your business and less time talking to lawyers.
Red Flags and No No's - Minimizing Liability With Job Postings
ï Content of the Posting Is Critical
ï Where and How You Place the Ad Is Important
ï Word of Mouth Recruiting
ï Do Not Create Implied Contracts or False Impressions About the Job Posting
ï Caution - Hiring Practices (for Example, Tests or Background Checks) That Have an Especially Negative Effect on Applicants Can Be Discriminatory
ï Ban the Box
ï Job Descriptions
Tricks of the Trade: Compliance and How to Mitigate Potential Exposure
ï Equal Opportunity Employer
ï Consistency ñ Screening and Vetting Applications
ï Retention and Recordkeeping ñ Dot the I's and Cross the T's
ï Specific Timelines for Job Postings
ï Bona Fide Occupational Qualification (BFOQ)
Maximize the Screening Process and Minimize Liability
ï Say What?! Permissible Pre-Employment Inquires
ï Disparate Treatment vs. Disparate Impact
ï Non-Legal Complications and the Importance of Intentional Hiring
ï You Have Been Hit With a Charge or a Complaint - Now What?
W. Matthew Wayne with Copeland, Stair, Kingma & Lovell
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,HR Certification Institute ,CPE ,SHRM ,Additional credit may be available upon request.