Recruitment Process Legal Requirements

In this sense, it is important to keep the right to discrimination at the forefront throughout the process. Before and during the hiring process, prospective employees enjoy a number of legal rights, including anti-discrimination laws and the law on “implied contracts”. If you believe your rights have been violated during the hiring process, whether you were ultimately hired or not, you should speak to an experienced employment lawyer to discuss your options and protect your legal rights. Have your potential claim reviewed by a local lawyer. It`s really important to check that every person you employ has the right to work in the UK before you work for you. Ask yourself: Are you able to perform the essential functions of the position, with or without accommodation? Can you meet the presence requirements of this job? It is legal for an employer or prospective employer to ask a candidate or employee for the age and date of graduation. A common necessity or use for an employee`s or applicant`s date of birth is to conduct a routine background check. Or an employer might be required to verify age if there is a minimum age for a position. How the employer uses the information is important. Employers who use the age of an applicant or employee for illegal purposes could be affected by a lawsuit. At the beginning of the recruitment process, it is important to be aware of certain legal issues in order to minimize risks.

Job postings, interview questions, reference reviews, and job posting all need to be done in a way that meets legal requirements. However, a study by the Equality and Human Rights Commission found that many companies don`t know what`s legally acceptable and what`s not during the hiring and selection process, and you certainly don`t want to take the risk of facing an employment tribunal. Equality Act of 2010 – it is illegal to discriminate in employment – including recruitment and selection – on the basis of the following characteristics: IRCA prohibits any employer from knowingly hiring foreign workers who are not legally entitled to work in the United States. Employers should check if new employees can work in the U.S. by having an I-9 completed. Applicants have legal rights even before becoming employees. Under federal law, an employer cannot unlawfully discriminate in its hiring processes based on a candidate`s race, national origin, gender, pregnancy, age, disability, or religion. State and local laws may establish additional protected classes based on factors such as an applicant`s sexual orientation. Employers must comply with anti-discrimination laws at every stage of the hiring process, from the posting of a job posting through the interview to the final selection of the candidate to be hired. Download the FindLaw Hiring Guide [pdf] for a practical guide to your rights in the hiring process.

However, many arguments in favour of the BFOQ would not be considered valid. For example, race has never been a BFOQ, and clients do not have a preference for a particular gender. In general, when recruiting and writing job descriptions, it may be wrong to assume that a BFOQ would apply. It would be wise to consult a lawyer before writing a job description. HR professionals and executives are advised to inform potential employees of these new requirements before the hiring process begins. HR professionals must verify both the identity and employability of all employees, even if they are temporary workers. The Employment Eligibility Verification Form (INS I-9) is the reporting form that determines an employee`s identity and legal work status. Once you`re ready to start your interviews, there are a few key points to keep in mind when designing questions. You must ensure that your interview process does not intentionally or unintentionally ask questions for prohibited reasons (see Employment Discrimination Regulations). It is important to describe the position and requirements in such a way that all candidates can apply. For example, if a job requires regular overtime and has an irregular schedule, don`t ask: one of your best protections against this is to keep in mind the right to discrimination throughout the hiring and selection process. Also, be sure to document the questions you asked and the candidates` answers so that you can prove the decisions and, if necessary, refute allegations of discriminatory treatment.

Created by FindLaw`s team of writers and legal writers| Last updated on 10. December 2018 Ask May: Are you legally employable in the United States? Can you speak/write English fluently? What languages do you speak besides English? The Immigration Reform and Control Act (IRCA) was passed by Congress in 19861. This law requires employers to certify the immigration status of their employees. It also makes it illegal to hire or recruit illegal immigrants. The purpose of this law is to preserve jobs for those who have legal documents to work in the United States. HR implications are in the recruitment process, because before including employees in the selection process (such as interviews), it is important to know that they are eligible to work in the United States. For this reason, many application forms ask, “Are you legally able to work in the United States?” However, dealing with IRCA is a balancing act, as organizations cannot discriminate against legal aliens seeking work in the United States. We discuss equal opportunity in Employment Legislation (EEO) in Chapter 3. They deserve to be mentioned here again with regard to the recruitment process. The Equal Employment Opportunity Commission (EEOC) is a federal agency responsible for enforcing federal laws on discrimination in the workplace. While there are restrictions on the type of entity covered (companies with fifteen or more employees), the EEOC requires data collection and investigation of discrimination complaints, again for organizations with more than fifteen employees.

35 states and more than 150 cities and counties have passed “ban the box” laws that make it illegal to ask about an applicant`s criminal history in an application. Some variations of the law go even further, prohibiting an employer from asking about a candidate`s criminal record until the candidate has passed the interview process and received a conditional offer. The intent behind these laws is to allow qualified candidates to go through the recruitment process without the stigma of conviction or arrest, these initiatives offer candidates a fair chance at employment based on the person`s skills and character. These laws allow employers to necessarily conduct background checks on potential employees before completing the hiring process. Discrimination against applicants or employees because of their age is illegal. The Age Discrimination in Employment Act 1967 (ADEA) protects workers from discrimination in the workplace. ADEA protects employees over the age of 40 and applies to employers with 20 or more employees. Any employment policy or practice that harms applicants or workers over the age of 40 and is not based on any reasonable factor other than age (RFOA) is also illegal. It is also possible to inadvertently discriminate at many stages of the hiring and selection process, such as: Don`t ask: You can`t ask candidates to provide a photo in the application process. What breed are you? Tell me all the clubs you belong to.