Joanne Rinardo, partner in the New Orleans law office of Deutsch Kerrigan, LLP presents the first of a four-part series on benefits of a formal HR department.
3. JOB
APPLICATION
Some questions should be avoided b/c they
could pose some legal exposure. To help avoid
this situation, consider the following:
Don't ask an applicant for their date of birth.
Review the application to make sure it doesn't ask
for gender, race, religion, sexual orientation or
other information.
Don't inquire about disabilities, health problems, or
medical conditions.
Be sure your application clearly states that
misrepresentation may result in termination.
Require the applicant to sign the application
Inquire why the applicant left a former job.
4. JOB
DESCRIPTION
General summary of the job nature and to whom the employee will
report.
Specific job duties should be as detailed and thorough as possible.
State other requirements such as interacting with the public,
weekend work, and/or travel.
Include if the use of certain equipment or software will be required.
Include a general statement such as "to perform other duties as
required" to allow flexibility.
Prepare a description that is clear about
duties and expectations to avoid later issues
of employee performance.
The job description should include:
5. JOB
INTERVIEW
Don't ask for any prohibited information.
Avoid questions regarding marital status, if they have children, or plan
to have children,
If the applicant appears disabled, do not ask about their disability. You
may explain the job duties and ask whether he/she would be able to
perform them without accommodation.
Ask why they left prior jobs.
Do's and Don'ts during the interview:
6. BACKGROUND
CHECKS
After deciding on an applicant, be
sure to check all references.
Remember: competent, pleasant, and respectful staff
may reduce the likelihood of a malpractice claim.
7. NEXT IN THE
SERIES: THE
HIRING PROCESS
Joanne Rinardo
504 593 0616
jrinardo@deutschkerrigan.com
Contact the author: