All employers know that one of the most important decisions that they make is who to hire or who to let go. Despite this fact, many employers approach the employee selection process in a haphazard manner. This is very troublesome because the selection process is one of the most fertile areas for employment litigation. Hiring decisions give rise to potential liability under Title VII of the Civil Rights Act of 1964,civil rights claims,the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Fair Credit Reporting Act, the Immigration Reform and Control Act, the Rehabiliation Act of 1973, the Vietnam Era Veteran’s Readjustment Assistance Act, the Utah Antidiscrimination Act, and the Utah State Personnel Management Act, to name just a few. Additionally, an employer’s communication of a job offer can also give rise to potential employment contract claims. It is imperative, therefore, that employers carefully attend to their employee selection and termination processes.
Review my article entitled "Lawful Hiring of Employers" for a discussion of both hiring and firing practices.Labels: Defenses, Discrimination, Lay Off, Retaliation