What are the legal implications involved with documenting the selection process

The Immigration Reform and Control Act (IRCA) was passed by Congress in 19861. This law requires employers to certify the immigration status of their employees. It also makes it illegal to hire or recruit illegal immigrants. The purpose of this law is to preserve jobs for those who have legal documents to work in the United States. HR implications are in the recruitment process, because before including employees in the selection process (such as interviews), it is important to know that they are eligible to work in the United States. For this reason, many application forms ask, “Are you legally able to work in the United States?” However, dealing with IRCA is a balancing act, as organizations cannot discriminate against legal aliens seeking work in the United States. Discrimination is the biggest problem when it comes to legal issues related to hiring and hiring. The most important prerequisite is equal opportunities for each candidate to get the job at some point. Anyone involved in the hiring process should be aware of the legal issues outlined above.

In addition to the legal consequences, a company`s reputation suffers when cases of discrimination come to light. Merit should be the only basis for recruitment and should be anchored in your company`s recruitment process. Many companies require potential employees to participate in a pre-employment assessment, a mature field for hiring pursuits. Assessments should avoid the following: We discuss Equal Opportunity Laws (OEE) in Chapter 3. They deserve to be mentioned here again with regard to the recruitment process. The Equal Employment Opportunity Commission (EEOC) is a federal agency responsible for enforcing federal laws on discrimination in the workplace. While there are restrictions on the type of entity covered (companies with fifteen or more employees), the EEOC requires data collection and investigation of discrimination complaints, again for organizations with more than fifteen employees. Below is a list of the most important laws and regulations that affect the selection process. Before proceeding with recruitment, make sure you are familiar with these rules: Created by FindLaw`s team of writers and legal writers| Last updated: December 10, 2018 Danny Kellman leads the Pre-Employment HR Metrics, Project Management and Sales team at the Human Capital Centre of Expertise (HUCACE), pronounced “UKC”. Check out the company`s blog here.

Danny is a strategic HR professional and consultant with over 10 years of experience in various HR roles, combining and leveraging the right amount of science, technology and emotional intelligence in effective and efficient recruitment strategies for global brands. By providing meaningful scientific evidence, HUCACE helps HR professionals make informed decisions at the hiring stage. Stick to this golden rule: don`t ask about references you can`t talk about in an interview. You cannot ask an applicant about their disability. Similarly, you cannot ask the same question to a former employer. Instead, learn about punctuality, performance level, work ethic and ability to work in a team. For background checks, be sure to comply with federal and state laws. For example, in some states like California, Connecticut, Hawaii, Illinois, Maryland, Oregon, and Washington, it is illegal to deny an applicant because of their credit history. In other states, it`s legal. Applicants have legal rights even before becoming employees. Under federal law, an employer cannot unlawfully discriminate in its hiring processes based on a candidate`s race, national origin, gender, pregnancy, age, disability, or religion. State and local laws may establish additional protected classes based on factors such as an applicant`s sexual orientation.

Employers must comply with anti-discrimination laws at every stage of the hiring process, from the posting of a job posting through the interview to the final selection of the candidate to be hired. Download the FindLaw Hiring Guide [pdf] for a practical guide to your rights in the hiring process. HR professionals must verify both the identity and employability of all employees, even if they are temporary workers. The Employment Eligibility Verification Form (INS I-9) is the reporting form that determines an employee`s identity and legal work status. Other aspects to consider when developing the job description are the different effects and the different treatment. These are the two ways of classifying cases of discrimination in the workplace. Different effects occur when an organization discriminates by using a process that affects a protected group as a whole, rather than by deliberately discriminating. Here are some examples of different impacts: If an audit is conducted in your company, you must provide I-9 forms for all your employees.

When an employer hires temporary workers, it is important to keep data on the expiry date of work visas to ensure compliance. Organizations that hire illegal workers can be fined $100 to $1,000 per hire. To manage this process, there is a software solution such as HR Data Manager. Once all work data has been entered, the manager receives reminders when work authorization visas are about to expire. Employers must ask the employee to complete Form I-9 on the first day of work, and the second section must be completed within three days of the first day of employment. Documentation must be retained for three years after the date of recruitment or for one year after termination of employment. However, some states require that Form I-9 be retained for as long as the person is employed by the organization. The wording of the job posting, whether in a newspaper or on a job portal, must be carefully drafted.

It should not promote a person`s race, colour, religion, sexual orientation or even political beliefs. This situation is monitored by the United States Equal Employment Opportunity Commission (EEOC). It is illegal to discriminate against an applicant on the basis of any of these factors. Some of the other parameters are gender, age and disability. The EEOC also protects employees and applicants from: Under the Equal Employment Opportunity Act relating to the hiring process, employers cannot discriminate on the basis of age (forty years or older), disability, genetic information, national origin, sex, pregnancy, race, and religion. In a job posting, organizations usually have an equal employment opportunity statement. Here are some examples: In addition to the general law that applies to each candidate, there are certain laws for certain groups of employees or certain professions. The recruitment and hiring of law students or lawyers is overseen by the National Association for Law Placement (NALP). Any company that has a union system should be aware of the National Labor Relations Board, an independent federal agency empowered to enforce the National Labor Relations Act (NLRA). It`s an extremely complex process, and at every step of the way, you need to be aware of some legal implications. Even the questions you ask during an interview must be carefully weighed so that they are not seen as discriminatory.

Each step mentioned above must comply with legal requirements. If you don`t, you can quickly enter legal chaos. Let`s start at the top and look at six important legal issues that a recruiter needs to pay attention to when recruiting and selecting. Please note that I am not a lawyer, but a concerned HR professional who wants to prevent her colleagues from making unnecessary mistakes. If in doubt, please consult a lawyer. However, many arguments in favour of the BFOQ would not be considered valid. For example, race has never been a BFOQ, and clients do not have a preference for a particular gender. In general, when recruiting and writing job descriptions, it may be wrong to assume that a BFOQ would apply. It would be wise to consult a lawyer before writing a job description.

Ask yourself: Are you legally employable in the United States? Can you speak/write English fluently? What languages do you speak besides English? Before and during the hiring process, prospective employees enjoy a number of legal rights, including anti-discrimination laws and the law on “implied contracts”. If you believe your rights have been violated during the hiring process, whether you were ultimately hired or not, you should speak to an experienced employment lawyer to discuss your options and protect your legal rights. Have your potential claim reviewed by a local lawyer. At the beginning of the recruitment process, it is important to be aware of certain legal issues in order to minimize risks. Job postings, interview questions, reference reviews, and job posting all need to be done in a way that meets legal requirements. It is important to note that at no stage of the recruitment process, including your interview or during reference checks, will you be able to ask illegal questions. For example, just as you can`t ask a candidate about a disability during the interview, you can`t ask their former employer, “How many sick days did they take last year?” However, you can ask if they were reliable and punctual. When making a formal job offer to a candidate, make sure that the salary offered is strictly based on the skills and responsibilities required for the position.

Which 3 pieces of legislation are relevant to recruitment and selection of employees South Africa?

Why are documents important in the recruitment process?

What are the ethical issues in recruitment and selection?

What are some of the issues which must be taken into consideration in recruiting?