In order to protect your company from employee lawsuits and significant liability, you should take these simple steps when hiring or firing:
Hiring: An employer’s decision to hire or reject an applicant must be based entirely upon lawful criteria. This requirement applies to all aspects of employee selection, including advertising, recruiting, applications, interviews, and hiring. Avoid obtaining information that identifies the protected class of an applicant, such as the applicant’s gender, race, color, national origin, ancestry, citizenship, age, religion, sexual orientation, gender identity, marital status, pregnancy, disability, U.S. military status, political affiliation or genetic characteristics. Also do not inquire about arrest records or workers’ compensation claims.
Ads: The law prohibits advertisements that specify a preference based upon any protected class. Use neutral language in advertisements. For example, avoid the term “salesman” and instead, use “salesperson” since it is gender neutral. Avoid the use of code words, such as “all-American type,” “unattached,” “energetic,” etc.
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