Hiring

A Tale of Two Reference Check Responses — Liability for One, But Not the Other

The Lawsuit Alleging Misrepresentations in Responding to Reference Checks In a 2008 federal court of appeals case, two medical employers responded to reference checks for the same anesthesiologist, Dr. Robert Berry. Dr. Berry was then hired by the inquiring hospital, where... (Continue reading)

Negligent Hiring Claim: California Case Demonstrates Outer Limits to Liability

This California Negligent Hiring Decision Is Potentially Relevant To All Employers, Wherever They Are Located Avoiding negligent hiring lawsuits is an important subject to anyone concerned with risk management in connection with employment decision making. It is a major reason for... (Continue reading)

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... (Continue reading)

Employers Using Facebook for Background Checking, Part III

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 such sources should be used with caution. In Part II... (Continue reading)

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... (Continue reading)

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