Q & A on employment law: how to avoid the common mistakes during the hiring process.Q: What is the most important thing employers should keep in mind when they jump back into hiring mode? A: Start with good updated forms: applications, releases, background checks. Q: What should be on the application form? Are all applications the same? A: Definitely not. Many forms are drafted generically and distributed throughout the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. and don't take into account differences in Michigan Employment Protection laws. Also, many application forms are old and outdated and still ask blatantly bla·tant adj. 1. Unpleasantly loud and noisy: "There are those who find the trombones blatant and the triangle silly, but both add effective color" Musical Heritage Review. illegal questions under Michigan law. You may also need to customize your form based upon factors such as: working with children; licensed positions; security or bonded positions; positions which may require special background checks or credit checks. Your application should also be consistent with your personnel manual or policies: post-offer/pre-employment drug screening; "at-will" employment policies; arbitration or dispute resolution policies; resume fraud; EEO EEO Equal Employment Opportunity EEO Equal Employment Office EEO Eastern European Outreach (Murrieta, CA) EEO Extremely Elliptical Orbit EEO Exotic Electro-Optics, Inc. policy or affirmative action affirmative action, in the United States, programs to overcome the effects of past societal discrimination by allocating jobs and resources to members of specific groups, such as minorities and women. policy; completeness of the application; how long the application remains "active." Q: What if someone gives a resume instead of filling out an application? A: That is a very common mistake. Your application may be the single most important employment document. It has many of your releases, requires disclosure of complete work history, contains important company policies and notices and gives you consistency in the interview process. Q: What is different about Michigan law? A: Michigan has some protected categories that many other states do not, such as protection based upon height, weight and arrest record. Additionally, Michigan has some notification periods regarding discrimination claims which must be referenced to be enforceable. Q: Other than forms, what do employers need to keep in mind about the interview process itself? A: Conduct the interview in a private setting. Work off your completed forms, such as the completed and signed application and written job description. Do not make notes on the application itself. Make your notes on a work-copy or a separate piece of paper which does not become part of the permanent personnel file. Many application forms have a spot at the bottom or back for "interviewer's notes." This is a dangerous practice you are better off avoiding. If your application form is accurate, it should help you avoid a laundry list laundry list A popular term for a long list of Sx, diseases, or etiologies that share something in common–eg, differential diagnosis of acute abdomen of "illegal" questions (see box below). Many topics of ordinary "polite" conversation are illegal in an employment setting. Study the Michigan Department of Civil Rights "Pre-Employment Inquiry Guide." It doesn't answer all questions about the legalities of the hiring process, but will help you avoid the straight-out "illegal" questions, which could form the basis of a lawsuit. Q: What are some examples of legal and illegal questions? A: Title VII and state anti-discrimination laws Anti-discrimination law refers to the law on people's right to be treated equally. Most developed countries mandate that in employment, in consumer transactions and in political participation people may be dealt with on an equal basis regardless of sex, race, ethnicity, limit the type and scope of pre-employment questions you can ask. Q: What should employers know about medical exams and drug screening? A: First, there is a big difference between the two. Drug screens are not considered medical exams, so they are treated differently from a legal standpoint. Make sure your drug tests are post-offer/pre-employment, meaning that the employer has completed all other interviews, background and reference checks and has extended the offer of employment, contingent upon Adj. 1. contingent upon - determined by conditions or circumstances that follow; "arms sales contingent on the approval of congress" contingent on, dependant on, dependant upon, dependent on, dependent upon, depending on, contingent satisfactory results of the drug screen. Do not conduct the medical exam or drug screen before the conditional offer. Medical exams should be rationally related to the position applied for, e.g. firefighter, police, health care, food handler A software routine that performs a particular task. It often refers to a routine that "handles" an exception of some kind, such as an error, but it can refer to mainstream processes as well. The term is typically used in operating systems and other system software. , fitness trainer, airline pilot, bus driver, etc. This area should be closely reviewed with current job descriptions, and if appropriate, obtain certification of Bona-Fide Occupational Qualifications (BFOQs) from the Civil Rights Commission. Q: What about record-keeping? A: This is very important and frequently overlooked. By law, employers must keep all applications (and resumes) for a period of one year after submittal. Establish a good record-keeping system that allows you to sort your applications by date so that you can systematically dispose of these records after the one-year period is up. RELATED ARTICLE: Avoid these questions Questions that elicit e·lic·it tr.v. e·lic·it·ed, e·lic·it·ing, e·lic·its 1. a. To bring or draw out (something latent); educe. b. To arrive at (a truth, for example) by logic. 2. or attempt to elicit the applicant to disclose the following information on an employment application are illegal: * Age (other than 18 or over) * Arrest and convictions (non-felony) * Birthplace birth·place n. The place where someone is born or where something originates. birthplace Noun the place where someone was born or where something originated Noun 1. * Citizenship * Handicap/disability * Height * Marital status marital status, n the legal standing of a person in regard to his or her marriage state. and children (other than "Is your spouse employed by this employer?") * Maiden name maiden name n. A woman's family name before she is married. Used of a surname that is replaced by a woman when she marries. Also called birth name. (or original name, if changed by court order) * National origin * Organizations * Photograph * Race or color * Relatives' names * Religion or Creed * Sex * Weight Geoffrey S Geoffrey (jĕf`rē), 1158–86, duke of Brittany (1171–86); fourth son of Henry II of England. Betrothed (1166) to Constance, heiress of Brittany, he was recognized as heir to the duchy in 1169 and succeeded to it on the death of her . Gallinger is a principal with the professional services (job) professional services - A department of a supplier providing consultancy and programming manpower for the supplier's products. law firm Raymond & Prokop PC in Southfield, a Silver-level member of the Detroit Regional Chamber. [ILLUSTRATION OMITTED] These pages are brought to you by the Detroit Regional Chamber's Workforce Central ... the first source for meeting regional human resource and workforce needs. To learn more about this initiative, visit www.detroitchamber.com or call (866) MBR-LINE. |
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