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| Title | Stop the Hiring Lawsuit Fears |
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Hiring and Firing Systems Win Most Lawsuits by Preventing Them! Ten laws are listed below which essentially cover seven areas of discrimination. These laws apply to you and your company’s policies and actions regarding hiring, performance management, raises, promotions, and firing. Understanding all laws is an overwhelming task, but I will make it easy for you.
Know Ten Laws or Just One Thing! You need to focus on one simple thing to be in concert with all laws! My safe harbor concept is simple; focus on one thing, the correct job description, and you are likely in concert with all laws and in legal or EEOC compliance. That is it; you only need to stay inside the job description and document for legal compliance to help prevent and possibly win lawsuits. Employees Win Lotto with Legal Settlements and Judgments The number of settlements or judgments over $100 million is startling and available to your eyes today on the Internet. The dollars get even more economically devastating because of the expenses in implementing court-imposed affirmative action programs and mounting legal defenses. Proven Guilty and Hanging is for Bad Guys, Not for Business People Sounds a little harsh, given we have always been taught you are innocent until proven guilty. The legal systems in our Constitution are all based on the presumption of innocence. That was true until Congress, in 1991, decided that the employer must prove innocence when charged with employment discrimination suits. Congress decided to add a little extra pain by affording claimants not only compensatory damages but punitive damages as well. Remember you must prove your innocence by proving you are legally compliant and not discriminating. You better have at least a hiring and firing system with documentation to avoid the hangman’s compensatory and punitive damage noose. Many discrimination suits would have never been filed if a job description-based system had been used as the criteria for hiring, firing, promotions, and raises. Hot Stove Principle: Everybody that touches gets burned the same Hiring is a necessary event and actually more complicated and frustrating when you do not have a selection system. It is an Equal Employment Opportunity Commission (E.E.O.C.) legal mandate that you must treat all candidates equally. The general rule is that you cannot ask one candidate to be judged for hiring with one set of standards and ask another candidate to be judged for hiring with a different set of standards. Caught in Court with your “Legal Suit Pants Down” The good news is essentially the same laws apply to hiring, firing, reviews, and raises. Even better news is simply by focusing on the job description, you will go a long way in being compliant and more likely to stay away from employment discrimination suits. You don’t want to be caught in court with your documentation pants down and your job description not showing up. Making It Easy For Managers and Companies The laws are numerous, and coupled with all the scenarios, are an ambitious task to weave into your hiring system. A simpler way is to work everything you do off of the job description. For legal compliance, simply stay with the job description for your hiring, firing, performance appraisals, raises, and promotions. There are two important reasons not to ask any questions that are prejudicial in these areas. One: It is illegal and will get you into major league trouble. Two (and maybe the most important to your company’s bottom line): You may knock out the person who could perform best and who would make you look like a superior manager. Do You Wonder if What You are Doing is Legal? The good news is you do not have to be a lawyer to figure out what questions are illegal. If you wonder if it is illegal…chances are it is. If you have any doubts about the question discriminating forget the question. You will generally stay out of problems if you just make sure that all your questions are job related and equal for all people. The Uncomplicated Acid Test There is a long list of illegal areas that you cannot question. Now for the list of areas in which you can develop questions: you should develop questions that are job related. Yes, you have it, a list of one—questions that are job related. This is the acid test and this removes the complication. I know somebody will say there are some exceptions to the rules called bona fide occupational qualifications (BFOQ’s) from Title VII of the Civil Rights Act. My advice is forget them unless you have a bona fide legal defense fund. See more of the article at http://www.hiringfiringexperts.com/hiring-firing-laws.htm |
| Author | Don Paullin |
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