The hiring process is one by which an employer needs to do all that it can to ensure that it is securing good, productive, and safe employees in a manner that is legal. Some tips:
- During the interview, ask about the applicant’s prior work record when he or she cannot look at the application, and pay attention to any inconsistencies.
- Ask about unexplained gaps in the applicant’s employment history. They could be due to legitimate situations, such as taking time off to raise children, or they could be caused by negative factors, such as incarceration.
- In most cases, require the application form to be filled out, instead of merely accepting a résumé. If both are obtained, observe any inconsistencies.
- Questions relating to the applicant’s race, color, national origin, age, religion, sex, protected handicap, marital status, height, weight, citizenship, or arrest record should not be asked either orally or in writing. Notations about such factors should not be made.
- In the interview ask, “Are you able to perform the tasks of this job with or without an accommodation?” If the applicant indicates that he or she can perform the tasks with an accommodation, the employer may ask, “How would you perform the tasks, and with what accommodation(s)?”
- For certain positions, verify that the applicant does not have a criminal record.
- Do not make representations that are contrary to the employer’s personnel policies (i.e., employment at- will, pay, or benefits).
- Immediately correct any inaccurate information given to an applicant.
- Make all employment decisions on the basis of job-related factors, unrelated to applicants’ race, sex, age, etc.
- Include a statement in all application forms and advertisements that you are an equal opportunity employer and, if applicable, an affirmative action employer.
Excerpted from the Michigan Chamber’s 2015 Employment Law Handbook authored by attorneys from the Miller Canfield law firm.
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