Lecture 6.1 - Employment Law
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
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.
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
A job application will provide an outline of background information.
include name, address, contact information, work experience, job qualifications,
May ask for previous employment, reasons for leaving, explain gaps in
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
Photographs should not be required.
Questions about height and
weight have been determined inappropriate.
Photo may be required after hiring
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).
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