Employment Law - Hiring

Front 1

Application Questions - Criminal History

Back 1

The general rule of thumb is whether the criminal history relates to what the job requires.

Front 2

Application Questions - Criminal History - Arrests

Back 2

These are usually an issue, and generally are not allowed.

Front 3

Application Questions - Criminal History - Conviction

Back 3

- These are allowed more so than arrests.
- Muse be SIGNIFICANTLY RECENT and RELEVANT

Front 4

Application Questions - Criminal History - misdemeanors/felonies

Back 4

o Felony: These can be relevant if they are a conviction.
o Misdemeanors: These are generally not relevant enough to be on an application.

Front 5

Help Wanted Advertising

Back 5

News Papers: Can’t have discriminatory help wanted ads (Pittsburgh Press case)

Websites: These are not subject to the same restrictions as a newspaper, and can post ads that contain legally impermissible criteria without being liable.

Front 6

Word of Mouth Hiring

Back 6

- This type of hiring can be ok, and businesses shouldn’t be punished for being efficient.
- However it is not always ok, and it is based on the facts of the case.
- It is likely more ok for small businesses.

Front 7

Hiring Halls

Back 7

Where unions have contracts allowing them to operate an HH, the taft Hartley act says that there can be HH but they can’t discriminate against non-union members

Front 8

Employee Polygraph Protection Act

Back 8

Prohibits the use of polygraphs in employment.

Front 9

Employee Polygraph Protection Act Exceptions

Back 9

1) Does not apply to federal, state, or local government employees
2) Does not prohibit testing by the federal government of experts, consultants, or employees of federal contractors engaged in national security intelligence or counterintelligence.
3) Does not prohibit testing of employees who are reasonably suspected in a workplace incident that results in economic loss or injury to the employer’s business.
4) Does not prohibit the testing of some prospective employees of private armored car, security alarm, and security guard firms
5) Does not prohibit the testing of some current and prospective employees in firms authorized to manufacture, distribute, or dispense controlled substances.

Caveat: with the last three exemptions there are specific additional provisions, specifically that they cannot be asked about (1) religious beliefs, (2) racial beliefs, (3) political beliefs, (4) sexual behavior, or (5) union affiliations.

Front 10

Drug Free Workplace Act

Back 10

- Applies to employers with federal contracts in excess of $25,000

- The employer must :
o Publish and distribute a policy prohibiting the unlawful manufacture, distribution, dispensing, possession, or use of controlled substances in the workplace
o Provide for penalties for employees convicted of drug related violations on the job
o Establish an employee awareness program on the dangers and penalties of workplace drug abuse, and the availiability of resources for drug rehabilitation and counseling

- If they don’t: they may have their federal contracts terminated, and be debarred from future contracts for up to five years.

Front 11

Negligent Hiring

Back 11

For each employee hired you have to do a thorough investigation for relevant criminal history. Don’t have to foresee the precise injury, just have to make an investigation.