Hiring
Judge Gives NASA Lesson on Background Checks
NASA scientists, engineers, and administrative support personnel believed newly- implemented background checks were unlawful, claiming NASA lacked authority to implement them and was invading personal privacy. After unsuccessfully seeking injunction in federal district court, they ultimately prevailed when Ninth Circuit U.S. Court of Appeals reversed, ordering district court to grant injunction prohibiting implementation of new procedures. Although directly applicable to public sector employment, case is useful reminder of importance of keeping background checks and interview questions relevant and focused.
Employers Using Facebook for Background Checking, Part III
If you’re new here, you may want to subscribe to my RSS feed or receive my updates by Twitter, IM, or email. Thanks for visiting!
Employment decisions based on information from social networking sites such as MySpace and Facebook raise many interesting legal questions. Today, I’ll look at a few possible discrimination issues that suggest [...]
EEOC, OFCCP debate discrimination in recruiting and hiring
A recruiter friend, Karen Mattonen, tells me that many recruiters are becoming more eager to learn about discrimination laws as they become more aware of the legal risks inherent in their activities.
The stakes are increasing as candidates become more sophisticated and the new EEOC and OFCCP rules for compliance go into effect.
Last year, Karen [...]
Employers Using Facebook for Background Checking: Is It Legal?
As a partial excuse for my lack of posts the last couple of days, I’m linking to a guest post I just completed for Steve Rothberg over at CollegeRecruiter.com, entitled: “Employers Using Facebook for Background Checking: Is It Legal?”
While you’re there, check out the site, if you haven’t already done so. It’s a blog [...]
Suing Competitors for Using Illegals
A new trend: businesses suing competitors for hiring illegal workers to achieve an unfair advantage.
In the first of a series of lawsuits, a temporary employment agency that supplies farm workers sued a grower and two competing companies on Monday.
Similar cases claiming violations of federal anti-racketeering laws have yielded mixed results. The California lawsuit is believed [...]
More on Employers’ Immigration Obligations
Yesterday, I wrote about immigration. Today, I happened on a few related items.
First, while looking at back issues of the St. Louis Bar Journal, for which I am preparing an article, I found:
“A Brief Overview of the United States Immigration System” by immigration attorney George S. Newman (.pdf)
For those, like me, whose head [...]
Some Immigration Law Tips for Employers
Congress seems to be stuck in the process of passing much-needed immigration law reform. But employers must still comply with existing law — an obligation that can get sticky.
I ran across an article that briefly summarizes employers’ obligations — and dilemmas.
The basic obligations are:
Disparate TREATMENT vs. Disparate IMPACT
Some otherwise very knowledgeable and smart HR folks, and perhaps even lawyers, may have difficulty understanding the difference between disparate treatment and disparate impact. Indeed, in some old Supreme Court cases, the supreme court justices appeared to begin to merge the two concepts somewhat.
I found that one of the clearest explanations for disparate treatment [...]
Book Review: Diversity Recruitment Advertising Toolkit
Diversity Recruitment: A Lot More Than Just Some Words On Paper
An article from Forbes.com reports some interesting findings in terms of diversity recruitment, with regard to which companies are viewed most highly by minority students, the importance of executive involvement, and the kinds of recruitment sources preferred.
What are some of the companies viewed most favorably by minority students?
To Proctor or Not to Proctor: That is the Question for Some Internet Tests
Nope, “proctoring” has nothing to do with anything medical. Rather, it relates here to whether or not a company assigns someone to watch over test-takers as they take an examination of the psychological type.
In his latest posting, Jamie of selectionmatters.com discusses a symposium he attended on proctoring in the context of internet testing.
The specific [...]
EEOC Starts Focusing On Recruitment and Hiring Discrimination
In our recent posting regarding EEOC’s new compliance manual on race and color discrimination, I didn’t mention that recruitment discrimination seems to get quite a bit of attention. This seems to indicate a renewed emphasis at EEOC.
Curious to see if that was a correct conclusion, I recently reviewed the transcript of the EEOC’s [...]
Latest Update on OFCCP’s Internet Applicant Definition and the Implications for Companies
Well, the deadline for compliance by covered companies for compliance with the new definition of an Internet Applicant is almost one month old now, and some companies are feverishly trying to get into compliance. At George’s Blawg, we have tried to keep you update with some of the interesting developments that have taken place in [...]
Everything You Ever Wanted to Know About Employment Testing (But Didn’t Know Where to Ask)
Many people question the value of, and issues related to, employment testing in the workplace.
At this blawg, we have often covered employment testing, from a variety of perspectives.
We have also looked at case law regarding employment testing.
I recently found a website, created by a trade association for test publishers (i.e., the Association of Test [...]
Perverse Economic Impact of Laws Inhibiting Employment Termination: French Government “Gets It”; French Protesters Don’t
Today, some thoughts on employment policy and economics inspired by these recent developments in France:
PARIS (Reuters) – Huge crowds of students, trade unionists and left-wing politicians took to the streets across France on Saturday to press the conservative government to scrap a new law they fear will erode job security for young workers.
The protesters demanded [...]
