lecture%206.1%20employment.%20HFT3600 - Lecture 6.1 -...

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Lecture 6.1 - Employment Law Hiring Introduction The selection of employees is critical to a business. The initial hiring procedure is both subjective by the employer and subject to scrutiny for impermissible discrimination. The use of a consistent hiring procedure may avoid problems involving possible claims of discrimination. Once an employee is hired there are limitations on the possibility of termination, so the initial hire is important. Job descriptions A clearly written description of the job benefits the employer in analyzing the needs for the particular employee to be hired. It also serves to document that the employer clearly divulged to the employee the requirements of a job when interviewing for the position. This may be important in defending against claims of discrimination in hiring and in justifying termination for an employee who is unable to properly perform the job. Should set forth the duties of the employee, the person to whom the employee reports, outline the particular tasks which the employee is expected to perform and state any special requirements such as working on holidays, language skills, dress, physical strength, education, etc. If there are requirements for degrees, certifications, licensing, experience or knowledge of equipment operation, these should be discussed at the interview and verified. Interviews A job application will provide an outline of background information. Should include name, address, contact information, work experience, job qualifications, references. May ask for previous employment, reasons for leaving, explain gaps in employment history, Beware of inappropriate questions both on the application and in the interview. Inappropriate questions include: age (except to verify old enough to legally qualify for position), date of birth, race, religion, national origin, marriage, sexual orientation. Photographs should not be required. Questions about height and weight have been determined inappropriate. Photo may be required after hiring for identification. Education questions should only be asked when important for the position; a housekeeper’s duties do not require educational skills, so don’t ask. It is permissible to ask whether the applicant uses illegal drugs. Also OK to ask if smoker, which may affect job performance (smoking breaks, health issues). Ask about alcoholic or drug addiction. But can not ask generally about good health. Can require applicant to submit to pre-employment drug screening test. Can not ask about any disabilities, physical or mental. Improper to ask whether applicant owns home or has high debt. Improper to ask about military service, except as job related. Can not ask about 1
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whether honorably discharged. No questions about children, pregnancy, plans for future children, marital status.
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This note was uploaded on 03/08/2011 for the course HFT 3600 taught by Professor Boyd during the Spring '11 term at FIU.

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lecture%206.1%20employment.%20HFT3600 - Lecture 6.1 -...

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