Legal Briefs™ Recruiting and Hiring:
A Manager’s Guide to Staying Out of Court

Are Your Hiring Practices Putting Your Organization at Legal Risk?

Recruiting can be a daunting task, especially when the stakes are high and the legal landscape is ever-changing. By adopting hiring practices that are both effective and compliant with the law, you can save your organization from costly legal disputes and establish a fair, inclusive workplace.

Legal Briefs™ Recruiting and Hiring is a comprehensive training program designed to equip managers with the essential knowledge and skills needed to conduct legally sound interviews, avoid common pitfalls, and make informed hiring decisions. Through practical guidance and real-world scenarios, you'll learn how to ask the right questions, document your processes, and ensure compliance with employment laws, all while finding the best candidates for your organization.

What questions can and can't I ask in an interview?

Do not ask questions that discriminate based on protected classifications, are not job-related, or do not relate to a person's ability to perform the job. It is important to ask job-related, statement-feeling questions and seek expert advice when using personality tests in the hiring process.

Issue: Avoiding Illegal Questions

Summary: Discover the hidden pitfalls of interview questions. This video emphasizes which questions can lead to legal trouble and how to navigate the complexities of hiring without crossing the line. It also touches on the use of personality tests in hiring processes and the legal restrictions associated with them.

Preview the Program ‌

How far can I go with reference checks while avoiding potential legal issues?

You must obtain consent from candidates before conducting reference checks and should ask job-related questions to avoid invading privacy. Seeking permission and using professional organizations for credit and criminal background checks is the best practice to stay within legal bounds.

Issue: Conducting Reference Checks

Summary: Learn to conduct thorough reference checks without crossing legal boundaries. This video emphasizes obtaining candidate consent and staying within legal boundaries while highlighting the importance of consistency in the reference checking process. It also advises against inappropriate practices and stresses the need for specialized organizations to handle criminal and credit history checks.

Preview the Program ‌

How do I deal with protected classes in hiring and to avoid discrimination?

Provide equal opportunities to all individuals, regardless of their race, age, gender, or other protected characteristics. Focus on job skills rather than unconscious biases and gut feelings. Discrimination based on protected classifications is illegal and must be avoided in hiring and employment decisions.

Issue: Protected Classes

Summary: This video highlights legal protections against discrimination based on factors such as race, age, gender, and disability, and stresses the need to provide equal opportunities for all applicants. Additionally, it advises against relying on unconscious biases and underscores the importance of focusing on job skills and providing documented evidence for hiring decisions.

Preview the Program ‌

Scenarios Covered

Illegal Medical Inquiries: Why asking about a candidate's medical history before a conditional job offer is illegal and how to avoid such questions.
Job Description Pitfalls: Why it's important to use neutral language in job descriptions to prevent discrimination and ensure compliance with employment laws.
Reference Check Boundaries: How to conduct thorough reference checks without violating privacy laws or engaging in defamation.
Handling Protected Classifications: How to hire a candidate without discriminating based on race, age, gender, or other protected characteristics.
Avoiding Reverse Discrimination: How to encourage workplace diversity while ensuring equal opportunity for all candidates, avoiding claims of reverse discrimination.

Key Benefits for Trainees

Legal Compliance: Gain a thorough understanding of employment laws and EEOC guidelines to avoid legal pitfalls.
Effective Interviewing: Learn how to ask job-related questions and avoid illegal inquiries during interviews.
Bias Reduction: Develop skills to identify and mitigate unconscious biases, ensuring fair hiring practices.
Consistent Processes: Implement consistent reference checking and interview procedures to prevent discrimination claims.
Documentation Skills: Master the art of maintaining detailed and accurate hiring records to support your decisions.
Risk Management: Understand the legal implications of background checks and how to conduct them properly.
Enhanced Decision-Making: Improve your ability to make informed, legally sound hiring decisions that benefit your organization.

Competencies Covered

Legal Knowledge: Gain a comprehensive understanding of employment laws and EEOC guidelines to ensure compliance.
Interviewing Skills: Learn how to conduct effective and legally compliant interviews by asking the right questions.
Bias Awareness: Develop the ability to identify and mitigate unconscious biases to promote fair hiring practices.
Documentation Proficiency: Master the skills needed to maintain thorough and accurate hiring records to support your decisions.
Risk Management: Understand the legal implications of background checks and learn how to conduct them properly.
Decision-Making: Enhance your ability to make fair and informed hiring decisions based on job-related criteria.
Inclusion & Respect: Learn techniques to promote equal opportunity and accommodate diverse candidates in the hiring process.

See Buying Options

Schedule a Chat

Frequently Asked Questions

Why is it illegal to ask about a candidate's medical history during an interview?

The EEOC prohibits any medical inquiries, including questions about medications, until a conditional offer of employment has been made.

How can I ensure my job descriptions are legally compliant?

Use neutral language, avoid discriminatory terms, and clearly state the essential functions of the job to prevent discrimination.

What should I do if a candidate lies on their resume?

Conduct thorough reference checks and background research to verify the information provided and ensure accuracy.

Is it legal to check a candidate's social media profiles?

It depends on state laws, but generally, you should avoid accessing private accounts without permission and focus on job-related information.

How can I avoid claims of reverse discrimination?

Ensure all candidates have an equal opportunity to compete for the position and avoid giving preference based on protected characteristics.

What's the best way to document hiring decisions?

Keep detailed records of job descriptions, interview questions, candidate evaluations, and reference checks to support your decisions.

Can I ask a candidate about their plans for retirement?

No. Asking about retirement plans is considered age discrimination and is illegal.

How should I handle requests for accommodations during the hiring process?

Provide reasonable accommodations for candidates with disabilities or religious needs to ensure equal opportunity.

What are the legal considerations for using personality tests in hiring?

Ensure the tests are job-related, comply with state guidelines, and consult experts to avoid legal issues.

How can I conduct thorough reference checks without violating privacy laws?

Obtain candidate consent, ask job-related questions, and avoid personal inquiries to stay within legal boundaries.

What if I don't have a training program for recruiting and hiring in place?

Here are some of the risks that may arise:

Legal Violations: Increased risk of violating employment laws and EEOC guidelines, leading to potential lawsuits.
Discrimination Claims: Higher likelihood of facing discrimination claims due to improper interview questions or biased hiring practices.
Financial Penalties: Potential for costly legal fees, settlements, and fines resulting from non-compliance with hiring regulations.
Reputation Damage: Harm to the organization's reputation, making it harder to attract top talent and maintain a positive public image.
Ineffective Hiring: Poor hiring decisions due to lack of knowledge about legal and effective interviewing techniques.
Employee Turnover: Increased employee turnover if hires are not well-suited for the job, leading to higher recruitment and training costs.
Operational Disruptions: Disruptions in business operations due to legal disputes and the need to replace improperly hired employees.