HIRING HANDBOOK - LINKEDLAW
LinkedLaw Deskbook
ITEM #:  60093900   |   PUBLISHED:  MAY 20, 2024
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Hiring Handbook, 3rd Edition

Editors:  Susan K. Fitzke, Ilyse S. Goldsmith & Margaret Luger-Nikolai

The Third Edition of the Hiring Handbook is written and edited by leading attorneys in the area of employment law. The Handbook provides a comprehensive overview of the application and interview process for prospective employers and covers a wide range of issues that employers may encounter during the employee application, screening, and hiring processes. The Hiring Handbook provides thorough, in-depth analysis of the issues potential employers should be aware of during the application and hiring process. The chapters in the Handbook explore:

  • Application and Interview
  • The Applicant Pool
  • Inclusive Hiring Practices to Ensure Workplace Diversity
  • Medical Inquiries
  • Employer Testing of Knowledge, Skills, Ability, and Other Characteristics
  • Financial and Criminal Background Checks
  • Using Social Media and the Internet to Screen Job Applicants
  • No-Poach, Non-Solicit, and Non-Compete Agreements in the Recruiting, Interviewing, and Screening Processes
  • Contacting References
  • Special Considerations in Unionized Workplaces
  • Special Considerations in the Public Sector

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CHAPTER 1
Application and Interview
Introduction; The Employment Application; The Employment Interview
– Jacqueline A. Mrachek

CHAPTER 2
The Applicant Pool
Introduction; The Definition of an Applicant; The Hiring Process; Analyzing Selection Processes; Artificial Intelligence in Recruiting and Hiring; Special Requirements for Federal Government Contractors; Appendix A – Voluntary Self Identification of Disability, Form CC-305
– David J. Goldstein & Chris Gokturk

CHAPTER 3
Inclusive Hiring Practices to Ensure Workplace Diversity
Introduction; Advancing Diversity by Reframing Neutral Job Qualifications and Postings; Creating a Diverse Talent Pipeline; Developing A Bias-Free and Inclusive Hiring Process
– Sybil Dunlop, Amran Farah & Jenny Gassman-Pines

CHAPTER 4
Medical Inquiries
Introduction; Drug and Alcohol Testing; Medical Questionnaires and Examinations; Disability Accommodation for Applicants; Genetic Information; Conclusion
– Nicole A. Truso & Zoey A.Y. Twyford

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
– Janell M. Stanton

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, Samantha C. Bragg & 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 Andersen

CHAPTER 9
Contacting References
Introduction; Whose References Should be Checked?; What to Ask?; Document What Is Learned; Internet Searches in Lieu of Reference Checks; Giving References; Conclusion
– Ryan E. Mick & Anabel P. Cassady

CHAPTER 10
Special Considerations in Unionized Workplaces
Introduction; The 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 Provisions
– Christian R. Shafer

Table of Authorities
Subject Index

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