The hiring process can be complicated and time-consuming. State and federal regulations don’t make the task easier; however, following the rules will help protect you and your company from litigation.
Companies must comply with employment-related regulations, Kylie Luff told Legislative Day attendees, or risk litigation.
Photo: Marty Whitford
At the recent National Pest Management Association’s (NPMA’s) 2017 Legislative Day event, Kylie Luff, senior vice president and managing partner of human resources management firm Seay Management Consultants, gave a presentation on employment regulations and hiring. (View more Legislative Day coverage here.)
“It pays to follow the right procedures,” she said, as she offered advice on how to comply with the employment-related regulations many companies inadvertently ignore.
Follow the law
Companies must comply with the following fair employment laws:
- Civil Rights Act – Since 1964, prohibits discrimination based on race, color, religion, sex, sexual orientation, gender identity or national origin.
- Age Discrimination and Employment Act – Since 1967, prohibits discrimination against workers age 40 and older. Since 1986, prohibits the mandatory retirement of workers.
- Equal Pay Act – Since 1963, prohibits discrimination related to pay between men and women at the same company who perform the same job duties requiring the same skill, effort and responsibility.
- Americans with Disabilities Act – Since 1990, ensures disabled people have the same rights and opportunities as everyone else. Companies with 15 or more employees must provide job accommodations to applicants and workers with disabilities. Employers also must provide the same opportunities when selecting, testing and hiring disabled applicants who are qualified for the job.
- Executive Order 11246 – Since 1965, prohibits discrimination based on race, color, religion, sex, sexual orientation, gender identity or national origin by federal contractors and subcontractors.
- Pregnancy Discrimination Act – Since 1978, prohibits discrimination based on pregnancy, childbirth, or related medical conditions at companies with 15 or more employees.
- Immigration Reform and Control Act – Since 1986, stipulates employers must know their employees’ immigration status and makes it illegal for employers to knowingly hire or recruit illegal immigrants.
- Uniformed Services Employment and Reemployment Rights Act – Since 1994, prohibits discrimination based on past, present or future military service. Ensures veterans and members of the Armed Forces, Reserves, National Guard and other uniformed services retain their civilian jobs when military service takes them away from work.
Compliance doesn’t begin and end at the federal level, however. It’s also important to know your state’s laws, because they apply if they are stricter than federal laws, Luff said.
Hiring tips
If you do not comply with federal or state employment regulations, an employee or potential employee may sue you or your company. How can you protect yourself?
Carefully crafting your interview questions and taking notes are critical. Describe the job objectively to the candidate. Focus on the job requirements and your company’s employment policies. Prepare a list of questions and write them down.
“Ask similar questions of all applicants,” Luff said. “Uniformity will ensure you treat all applicants fairly.”
Take detailed notes because if you are sued, they could be subpoenaed. Your notes should be factual; do not include your opinions and personal biases. You may be tempted to include in your notes information that will help jog your memory when it finally comes time to hire someone, but jot these thoughts down on a sticky note instead. Keep your interview notes on file for one year.
Seek out expert advice if you’re unsure. One resource is Luff’s company, which offers consulting services to NPMA members.
Managing Editor Diane Sofranec can be reached at dsofranec@northcoastmedia.net or 216-706-3793.
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