Employment law

Employment Law






Employment Law

Recruitment of employees is a very huge step for every organization. As such, there are provisions for managers and the board concerned with the human resource’s team in the process of recruitment and acquisition of employees from the time of job advertisement to the time of the interviews. There are several issues that have to be incorporated by managers in their hiring process. These include the ones discussed below.

To begin with, the recruitment process has to be free from any kind of job discrimination. This is according to the Civil Rights Act of 1964 Title VII which prevents the managers involved in job hiring from performing any type of discrimination be it through a person’s race, religion, sex, or their nationality. Another factor that has to be put into consideration in the employment process is the minimum wage and overtime payments. This states that all employees must be paid above the minimum wage and if they happen to work overtime by any means, this should also be covered for in their pay. This is well stipulated in the Fair Labor and Standards Act (FLSA).

The third principle that must be put in place by managers is the act on family leave. According to the Family and Medical Leave Act, all eligible employees who have worked in that organization for more than a year are entitled to a duration of approximately 12 weeks maximum unpaid duration in a year but still maintain their jobs to give them adequate time to spend with their families or a sick family member whose condition is defined as serious. Therefore, as they hire new employees, they should bear in mind that they are entitled to such durations away from work.

Next, the recruitment process should be free from age discrimination. This is according to the Age Discrimination in Employment Act. This act specifically stipulates that managers and the human resource department cannot discriminate against especially the elderly population and those above the age of forty, just because they are older than that. Everyone is equally entitled to getting the job, irrespective of their age.

Far from the concepts discussed above, there are the questions which must never be asked to any potential employee during the recruitment or in the interviewing process. These include questions about disability and illnesses. According to the Americans with disabilities act, protects against discrimination to those who are qualified but are however disabled in any manner. The second type of questions that should never be asked are questions about one’s place of birth. This would show discrimination against the individual because of their ethnicity maybe because they have a different surname from the ones seen frequently in that region. This is backed up by the Civil Rights Act of 1964 which protects potential employees from any form of job discrimination.

The third question that must never be asked is whether or not the potential employee has ever been arrested or not. According to the U.S Equal Employment Opportunity Commission Policy, it is classified as illegal for a manager or a hiring personnel to ask a potential employee if they have ever been arrested. And if an individual was said to have conducted a felony, it must be factored in the severity of the felony, the amount of time that has elapsed since it was performed and if it has any correlation with the job at hand.

The fourth question that shouldn’t be asked include questions concerning present pregnancy, abortion, childbirth and related issues. This is affirmed by the Pregnancy Discrimination Act. Finally, one should not be asked about their religion or equally their places of birth. These are regarded as forms of discrimination and are deterred by the Civil Rights Act of 1964, title VII.