Stay in Compliance with the Law as You Hire
These days specialized software can help make all kinds of business recruiting decisions far easier. However, the one thing that it may not help with as much is remaining in compliance with the Equal Employment Opportunity Commission (EEOC).
The EEOC was created by the Civil Rights Act of 1964, and it is responsible for promoting “equal opportunity in employment through administrative and judicial enforcement of the federal civil rights laws and through education and technical assistance.” One of the most common places for employers to find issues is in the hiring process; therefore they tend to use recruiting software to make the job easier; however, disgruntled applicants who do not get the job may claim that your reasons for not hiring them were based on discrimination. Understanding the basics involved in these legal matters can help you to protect yourself.
The Prohibited Discriminations
Employers cannot refuse to hire employees for certain reasons without violating federal law. Among the primary reasons are age, disability, pregnancy, race, sex, or nationality. This does not mean that you have to hire someone who is disabled if he applies, but what it does mean is that you cannot choose not to hire him because of the disability. In other words, it cannot be something which you have considered in your reasoning for not hiring him.
Make sure that when you inform an applicant that she does not make the cut that your language is precise and does not make it appear as if the reason for not hiring her had anything to do with one of the prohibited categories. For instance, instead of saying that an individual might be too old to handle the security work, you could instead say that another applicant had stronger credentials. The first letter could end up being admissible to demonstrate that it was an age based discrimination, even if your point is completely accurate. The second letter does not hint at this at all and will help keep you safer.
Document, Document, Document
Just because you have other reasons for refusing to hire a certain individual, some of them may choose to file a suit with the EEOC. To protect yourself, make sure that you document all of your reasons for refusing to hire that person or for choosing to hire someone else. Make sure to keep this as a regular business document with vital identifying details such as the applicant’s name, birth date, job applied for, qualifications, and other relevant information. Keep this on all of your applicants as well as your employees to ensure that it can be admitted under the business record’s exception.
The business record’s exception permits certain documents to be introduced into a court room. The primary requirement is that the document must be prepared in the ordinary and normal course of the business. Remember that this standard may vary slightly based on your state, but in all states, you must keep these records regularly. File and keep these files for at least ten years so that the full statute of limitations in each state and at the federal level will pass.
Author Bio: Smruti Ranjan is a Mobile application developer from India. He has been working since last 7 years on Mobile development. He writes about Blogging, Mobile Application Development Tips and Tricks, Android Tutorial and latest technology on his blog at Techblogon.
Post Tags: business, EEOC, Equal Employment Opportunity Commission, recruiting software