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Legal Considerations in Hiring New Employees

On Behalf of | Apr 19, 2017 | Business Law

As a business owner, you will certainly be faced with the task of hiring new employees. While you are focused on getting the right person for the job, there are certain legal requirements that you cannot overlook to avoid being sued for discrimination or liability issues.

Job Applicants’ Rights in the Hiring Process

There are anti-discrimination laws that prevent an employer from asking an applicant about his or her marital status, age, sexual orientation and many other questions. An experienced business attorney will work with employers to make sure their job applications do not violate any state or federal laws in the hiring process.

Background Checks on Employees

If your business falls within certain industries, such as healthcare, childcare, or working with disabled people, then you may have an obligation to screen employees for criminal backgrounds. Your failure to do so could result in a suit being filed against you. At the same time, you must comply with federal and state laws that protect applicants’ rights or risk having a complaint with the Equal Employment Opportunities Commission (EEOC) filed against you.

Supervising the Hiring Process

As a business owner, even if you understand what you cannot do during an employee screening process, your responsibility does not stop there. You need to be proactive in making sure that all of your employees who are involved in the job applicant screening process are following a set of procedures that insulates, you from liability in both hiring a problematic candidate or violating an applicant’s rights in the screening process. Your legal counsel in Nevada can help you avoid both of those pitfalls.

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