5 Hiring Best Practices

The good news: business is booming, and you need to hire additional employees. The bad news: business is booming, and you need to hire additional employees…

These five best practices may help. From lawyers and law firms on JD Supra:

1. Don’t make promises you can’t keep:

“Do not use terms such as ‘guaranteed’ or ‘entitled,’ unless they are preceded with the word ‘not.’ Similarly, avoid phrases such as ‘shall be paid’ or ‘shall receive’ related to compensation.” (Burns & Levinson)

2. Update the job description before you start looking:

“Oftentimes employers will reuse old job descriptions even though needs of the actual position have changed. This can result in drawing the wrong applicant pool or hiring someone with expectations that are different from the actual position and actual needs. Employers expend significant money conducting job searches and hiring employees and this money can be a waste if the wrong person is hired.” (Hopkins & Carley)

3. Avoid questions that could be misconstrued:

“Seemingly innocuous questions about non-job related activities, like cooking, carry with them the risk that if the applicant in the above scenario does not get hired, she will claim it was because of her national origin. Likewise, questions about how many children an applicant has and what the applicant’s child care arrangements are, when asked of a female applicant, can lead to allegations that those same questions would have not have been asked of a male applicant. (Snell & Wilmer)

4. Uncover a conviction? Double-check before acting:

“First, the employer must show that a hiring, promotion, or other employment exclusion based on criminal history information is “job-related and consistent with business necessity.” For example, blanket no-hire policies, under which an employer refuses to hire any applicant with a criminal record, are viewed as generally unlawful… If an individual has a conviction that is potentially disqualifying, the EEOC recommends that an employer also conduct an individualized assessment of the situation instead of automatically disqualifying the individual.” (Davis Wright Tremaine)

5. Don’t focus on cultural fit to the detriment of qualifications:

“[There is]… a growing emphasis among H.R. professionals and job interviewers in finding job candidates that are a good ‘cultural fit” for an organization, even when that means a less qualified candidate is ultimately selected for a particular job… There are downsides to placing a special focus on these types of questions in interviews, however. For example, it is quite possible that an interviewer will miss an opportunity to select the best candidate for a position simply because he or she did not like the candidate’s answer to an inane question about who their favorite superhero is and why. Further … when an employer seeks to hire employees because it believes they will be pals with other workers, it has the tendency of creating a rather homogeneous workforce. This can hinder diversity of thought and lead to counterproductive groupthink.” (McNees Wallace & Nurick)

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