Edited by Susan K. Fitzke & Margaret Luger-Nikolai
The Hiring Handbook, written and edited by leading attorneys in the area of employment law, is an updated Second Edition of the previously titled Job Applicant Screening: A Practice Guide. This manual provides a comprehensive overview of the application and interview process for prospective employers. The Hiring Handbook covers a wide range of issues that employers may encounter during the employee application, screening, and hiring processes, and provides thorough, in-depth analysis of the issues potential employers should be consider. The book explores:
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CHAPTER 1
Application and Interview
Introduction; The Employment Application; The Employment Interview
– Shalanda D. Ballard
CHAPTER 2
The Applicant Pool
Introduction; The Definition of an Applicant; The Hiring Process; Analyzing Selection Processes; Special Requirements for Federal Government Contractors; Appendix A – Voluntary Self Identification of Disability, Form CC-305
– David J. Goldstein
CHAPTER 3
Increasing Diversity in Hiring While Avoiding Reverse Discrimination Claims
Introduction; Who is the Employer Looking For?; Where is the Employer Looking for Candidates?; How is the Employer Making Hiring Decisions?
– Veena A. Iyer
CHAPTER 4
Medical Inquiries
Introduction; Drug and Alcohol Testing; Medical Questionnaires and Examinations; Disability Accommodation for Applicants; Genetic Information; Conclusion
– Jacqueline A. Mrachek & Nicole A. Truso
CHAPTER 5
Employer Testing of Knowledge, Skills, Ability, and Other Characteristics
Introduction; The Utility of Employment Testing; The Disparate Impact Theory of Discrimination; Identifying Disparate Impact; Job Relatedness Requires Evidence that the Test is Valid; Additional Considerations; Conclusion
– Bradley J. Lindeman & Jacalyn N. Chinander
CHAPTER 6
Financial and Criminal Background Checks
Introduction; Overview of Relevant Statutes and Regulations; Minnesota Law – Ban the Box and Check the Box; Federal Law – FCRA: Procuring and Using a Criminal or Financial Background Check; Substantive Restrictions on Decisions That Can be Made Based on Any Criminal or Financial Background Information; Cautions about Relying on Private Background Check Information; Appendix A– Best Practices Compliance Checklist for Written Employment Applications for Employers Who Intend to Seek Information About Criminal Background Prior to Extending an Unconditional Offer; Appendix B – Best Practices Compliance Checklists for Employers Who Intend to Take Adverse Action Against an Applicant Based on Financial or Criminal Background Information; Appendix C – Examples of Non-Compliant Language in Disclosure Forms; Appendix D - Summary of Consumer Rights Under the FCRA, Published by the Consumer Financial Protection Bureau
– E. Michelle Drake
CHAPTER 7
Using Social Media and the Internet to Screen Job Applicants
Introduction; Potential Legal Issues for Employers From Applicants; Potential Legal Issues for Employers From Existing Employees; Conclusion
– Cynthia A. Bremer, Kathleen A. Hoffmann & Howard L. Bolter
CHAPTER 8
No-Poach, Non-Solicit, and Non-Compete Agreements in the Recruiting, Interviewing, and Screening Processes
Introduction; Restrictive Covenants and Protectible Interests; Hiring Employees with Existing Obligations
– Katie M. Connolly & Joel O’Malley
CHAPTER 9
Contacting References
Introduction; Whose References Should be Checked?; Resistance From Other Firms to Provide Information – What If No One Will Talk?; What to Ask?; Document What Is Learned; Conclusion
– Ryan E. Mick & Lily Dobson
CHAPTER 10
Special Considerations in Unionized Workplaces
Introduction; Duty to Bargain; Bargaining Over the Effects of Hiring Policies; No Discrimination Based on Union Status; Public Sector Considerations; Conclusion
– Brendan D. Cummins
CHAPTER 11
Special Considerations in the Public Sector
Introduction; Designating an Appointing Authority; Pros and Cons of Conditional Job Offers; Public Employers May be Subject to Veterans’ Preference Laws; Compliance with Data Privacy Laws; Compliance with Other Government-Specific Laws; Avoiding Liability Under 42 U.S.C. § 1983; Appendix A – Sample Language & Clauses (Sample Veterans’ Preference Notification for Job Application; Sample Notification to Veteran Who Was Not Selected for Employment; Sample Data Privacy Notification for Job Applications; Sample MGDPA Release of Information for Job Applicants’ Current/Former Employers; Sample Authorization and Release for Job Applications)
– Margaret A. Skelton & Christian R. Shafer
Table of Authorities
Subject Index
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