Selecting employee legally

1. L e c t u r e 1 3
Business Law
&
Legal Issues in Tourism
L e g a l l y S e l e c t i n g E m p l o y e e s

2. The process of interviewing and evaluating the candidates for a specific job
and selecting the most suitable one for employment based on specific
criteria including his qualifications, skills, experience, and expertise.
The Process start by publishing “ Job Circular” from HRM Department.
There are two main parts in a ‘Job Circular or Job Posting’
1. Job Description
2. Job Qualification or Specification
Legally Selecting Employees
Employee Selection

3. Job Description
To keep track of changing responsibilities
Operational
Perspective
Legal
Perspective
To demonstrate that an employer fairly established the requirements of a
job

4. Job Qualification
Bona Fide Occupational Qualification
• A particular job qualification.
• Considered essential for the job.
• Necessary to safely or adequately perform the job.
Knowledge Skills

5. Major Selection Devices
Application

6. Major Selection Devices
Interviews

7. Major Selection Devices
Pre Employment
test

8. Background
check
Major Selection Devices

9. Major Selection Devices
References

10. Applications
Generally Contains:
• Name
• Address
• Work experience
• Candidate related information

11. Interviews
Restricted Questions Related to-
i. Minorities & females
ii. Requirement of judging
candidates competence.
iii. Discriminatory questions

12. Pre Employment test
Its requires some examinations, such as
• Skill tests
• Psychological tests
• Drug screening tests
• Pre Employment Medical Test

13. Background check
Common verification points
include –
• Name
• Social security number
• Address history
• Education training
• Criminal background
• Credit reports

14. References
Many employers
give only the
information-
• Employer’s name
• Ex-employer’s name
• Date(s) of employment
• Job title
• Name & title of person
supplying the
information.
Phrases to avoid
include
references to-
1. Age(20 to 30)
2. Sex(men or female)
3. National origin
4. Religion

15. Discrimination in Selection Process
1.Civil Right Act of 1964; title VII
2. Americans with Disabilities Act ; title I
3. Age discrimination in Employment Act

16. Discrimination in Selection Process
1. Civil Right Act of 1964; title VII
Civil Right Act prohibits discrimination based on race,
color, religion etc.
2. Americans with Disabilities Act ; title I
The ADA prohibits discrimination against people with
disabilities in the areas of public accommodation,
transportation, telecommunications and employment.
3. Age discrimination in Employment Act
The Age Discrimination in Employment Act protects
individuals who are 40years of age or older from

17. Fair Labor Standards Act of (1938)
1. Protects young workers from employment
that might harm their health or education.
2. Youths 18 years and older may perform any
job for unlimited time.
3. Aged 14 and 15 may work in various sectors
outside school hours under some condition

18. At-Will Employment
1. Employers have a right to hire and fire employee
at any time without any cause.
2. The employee has the right to work for the
employer or not and to terminate the relationship
at any time.

19. Labor Unions & Collective Bargaining
o A contract between employer and a group of
employees establishing rights and responsibilities
of both parties.
o Members of a labor union will elect a
representative.
o Employers are forbidden to discourage or
threaten employee’s attempts to unionize.

20. Labor Unions & Collective Bargaining
o A contract between employer and a group of
employees establishing rights and responsibilities
of both parties.
o Members of a labor union will elect a
representative.
o Employers are forbidden to discourage or
threaten employee’s attempts to unionize.

21. Law Differences Between
U.S Canada

22. Law Differences Between
U.S Canada
No “Employment at Will”:- 1
Employers are obliged to
provide-
I. A notice of
termination
II. Or pay in lieu of it.
Notice may be determined
by:-
[position, age, length of
service]

23. Law Differences Between
U.S Canada
Pregnancy & Parental Leave:- 2
In U.S- 12 weeks of unpaid
parental leave
In Canada- at least 52
weeks of parental leave.

24. Law Differences Between
Discrimination & Harassment:- 3
Prohibited Discrimination & Harassment of:-
[Gender, disability, age, race, ethnical origin,
color, religion, marital status]
Monetary compensations for harassment in U.S is
much higher than Canada.
U.S Canada

25. Employment Standards Legislation
Labor Relations Legislation
Occupation Health & Safety
Legislation
Payment & Employment Equity
Legislation
Workplace Safety & Insurance Legislation
Legislations Regarding Employee
Rights

26. If You Have any Questions

27. Thank You
For Providing us Your Valuable time