Are you familiar with current hiring laws and regulations? Have you sought legal counsel to ensure each part of your hiring and interview process is legal?

As an employer, it’s imperative to be smart when you’re hiring. While you may assume it will be easy to fill an open position (after all each job position receives 118-120 applications), think again.

When you look at your current workforce, is it diverse? You don’t want to miss out on top talent or be sued for discriminatory hiring.

Let’s delve into how to keep a legal hiring process.

Focus on Attracting a Diverse Pool of Workers

As an employer, you want a diverse team. A diverse staff can quickly problem solve, are more creative, and organizations with more women in leadership roles have better financial results.

Where are you currently looking to hire? Using a job board is an excellent way to expand your outreach, build brand awareness, and attract a diverse pool of applicants.

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Also, look at your competitors and see what their talent pool looks like. For companies with various talent, take some pointers or tips from them. What are they doing that you’re not?

If your current staff isn’t as diverse as you’d like, reach outside your workforce to seek applicants. Strictly relying on referrals from your team won’t help increase diversity.

Related: Performing Backgrounds Checks? Here’s What You Need to Know

Double Check the Legal Aspects

When was the last time you consulted legal counsel or the human resources department to look over your applications, job board posts, or interviewing process?

If it’s been more than two years, it’ll save you from potentially being sued if your application or interviewing techniques fall outside the permissible range.

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For instance, only some states allow employers to consider a job applicant’s credit history or criminal history when making employment decisions. If your application asks questions about criminal history, and you’re not allowed, that’s a liability.

Update your hiring process as soon as possible. Ensure it isn’t outdated and abides by all laws, rules, and regulations.

Have the Proper Paperwork

Hiring a new employee is a lengthy process, regardless if it’s a temp, intern, or seasonal employee. Once you find the ideal candidate, and they accept your offer, you now have a mountain of paperwork you’ll need to fill out.

Here are a few things to keep in mind when hiring:

  • Ensure your application includes a statement that you are an “Equal Opportunity Employer”
  • Check that your Background Check form abides by the Fair Credit Reporting Act (if you’ll perform one)
  • Your company abides by the OFCCP hiring and record-keeping guidelines (if you’re a Federal Contractor)
  • Include on the application that you don’t guarantee or promise employment with your company

Double check all paperwork with a lawyer or the HR department before going over information with applicants and having them sign any hiring documents and forms.


What are your tips for keeping a legal hiring process?


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