Nolo's Human Resources Bundle. The Job Description Handbook. The Manager's Legal Handbook. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Sign In. Grow Your Legal Practice. Meet the Editors. Search Term. Shop Products By Subject. Select Your Format Choose an Option Add to Cart. New Edition! This book is your one-stop shop for business owners and managers, covering key employee topics, including: discrimination and harassment time off work social media use and employee privacy, and remote work.
Includes all of the policies and forms you need to make your own handbook! Product Details Anyone who hires and supervises employees needs clear policies when it comes to crucial issues like pay and overtime, medical leave, and social media. ISBN Web icon An illustration of a computer application window Wayback Machine Texts icon An illustration of an open book. Books Video icon An illustration of two cells of a film strip. Video Audio icon An illustration of an audio speaker. Audio Software icon An illustration of a 3.
The U. Although the usual antidiscrimination rules apply to positions that are not ministerial such as administrative workers , a religious employer has more freedom in choosing those who will carry and teach its message when it comes to ministerial positions.
National origin. National origin can be a BFOQ, but only very rarely. For example, an American subsidiary of a Japanese company involved in international trade might be allowed to make Japanese nationality a job requirement because of the need for language proficiency and cultural background, but only if the company could show that this restriction is reasonably necessary to do the job.
About the only time that gender can be a BFOQ is for jobs affecting personal privacy—for example, restroom attendants or security guards who are required to search employees—and acting and modeling work. Nuances in an ad can be used as evidence of discrimination against applicants of a particular gender, age, or other protected characteristic.
Requiring a high school or college degree may be discriminatory in some job categories. The best way to write an ad that meets legal requirements is to keep it short and sweet. Stick to the skills needed and the basic responsibilities the job entails. Some examples:. Help wanted ads placed by federal contractors must state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
Develop a standard application form to make it easy to compare the experience and skills of applicants. Questions like these are fairly standard:. Follow the chart to comply with federal laws. You can find charts listing state fair employment laws and offices in the appendix. In addition to the areas covered in the chart, the ADA prohibits any preemployment questions about a disability. You may not, however, inquire about the nature or severity of a disability, ask about medical history or treatment, or require any medical exam.
These rules apply to application forms, job interviews, and background or reference checks. See Chapter 9 for more on the ADA. At that point, you can require a medical exam or ask health-related questions, but only if you require this for all candidates who receive conditional offers in the same job category.
According to the Equal Employment Opportunity Commission EEOC , the federal agency that enforces workplace discrimination laws, you may not ask questions like these in an interview, on an application form, or in any other context before making a job offer:.
A well-written application form can help get the employment relationship started on solid legal footing. And, because the applicant signs the application, it can be a valuable piece of evidence if a question comes up later about what you actually promised about the job.
If the applicant consents to your investigation, the applicant will have a tough time later claiming an invasion of privacy. Impress on the applicant the need to be honest and accurate in completing the form.
Lying or giving incomplete information on an application can be a good legal reason to fire an employee if the correct story later surfaces. On her application, Dolores states that she has a civil engineering degree from a prestigious college and is licensed by the state. The application form warns that false information will be a cause for immediate discharge. Relying on the application, PEC hires Dolores.
Dolores sues, claiming that the firm discriminated against her based on age and gender. PEC belatedly looks into her application statements and discovers that Dolores has neither the degree nor the license she said she had. Including the following language in an application form can help you establish that you clearly told the applicant about the consequences of lying. I verify that the statements I have made in this application are true and complete.
I understand that if I am hired, any false or incomplete statements in this application will be grounds for immediate discharge. Some examples include:. By writing down the questions and sticking to the same format in all interviews for the position, you reduce the risk that a rejected applicant will later complain about unequal treatment.
Get the interview started by giving the applicant some information about the job: the duties, hours, pay range, benefits, and career opportunities. This will give the applicant a chance to get comfortable before you start in on the questions. That can lead to a lawsuit. Keep your antennae tuned carefully to the applicant who spouts a litany of complaints against former employers. But watch your step if you learn that the applicant has sued a former employer for discrimination or filed a discrimination charge with the Equal Employment Opportunity Commission EEOC.
See Chapter 8 for more on retaliation claims. Give applicants plenty of time to answer questions. Make sure they understand your questions; ask them to let you know if something is unclear. Finally, let them know your time frame for getting back to them with a hiring decision so they know what to expect.
The rules of etiquette once dictated that you avoid discussing sex, religion, or politics in a social setting. In fact, such inquiries are not only bad manners; they may be illegal—plain and simple. The same guidelines and restrictions apply to interviews. As with job applications, the focus of your interviews should be to find the best person for the job based on skill, experience, education, and other relevant qualifications. To avoid improper inquiries, stay focused on job requirements and company policies.
Do you have a problem with that? Just be sure you apply your phone policy to all employees. The interviewer avoids asking Zack if or how this disability would affect his driving. What is your outside selling experience? What is your accident record? You can describe or demonstrate the specific job tasks, then ask whether the applicant can perform these tasks with or without an accommodation. The mail clerk must also receive boxes of supplies weighing up to 50 pounds and place them on storage shelves six feet high.
Can you perform these tasks with or without an accommodation? You can ask applicants to describe or show how they will perform specific job functions, but only if you require this of everyone applying for a job in this category. For example, a telemarketing firm could require all applicants to demonstrate selling ability by taking a simulated telephone sales test. Be mindful that some applicants with disabilities will need accommodations to participate in the interview process. For example, you may need to provide an accessible location for an applicant in a wheelchair or a sign interpreter for a deaf person.
See Chapter 9 for an extensive discussion of the disability law requirements. Preemployment testing—which might include skills testing, aptitude testing, honesty testing, medical testing, and drug testing—is most common in larger businesses. But no matter what size your business is, you should know the legal limits on your ability to test applicants.
Most small businesses—especially new ones—operate on a slim profit margin. This means that your employees must be up to speed from Day One. To avoid discriminating against applicants protected by the ADA, be sure your tests measure the actual skills and abilities needed to do a job. For more on the ADA, see Chapter 9. Others attempt to probe the psyche of their applicants.
These tests are going out of fashion and for good reason. Each chapter begins with clear chapter objectives. These fact-based scenarios promote critical thinking and develop analytical skills.
New to the Fourth Edition: New coverage of the balancing of employer and employee interests in regard to political expression and social media use Expanded discussion of employer and employee rights with respect to medical marijuana Focus on the heightened attention paid to policies related to workplace romances due to the MeToo movement Enhancement of the materials related to the prohibition of sex discrimination and compensation discrimination materials, including the comparing and contrasting of employee rights under Title VII and the Equal Pay Act Introduction of Check it out!
These sidebars raise thought-provoking questions designed to initiate both legal and policy discussions and reinforce legal concepts and stakeholder considerations. Professors and students will benefit from: Materials are chronologically organized and track the employer—employee relationship. Complicated inf. Each title: is written by experts in their field contains all the information you need in one book has an accessible and user-friendly layout and structure is supported by a companion website providing free updates and ready-to-use documents and letters.
Employers, especially in small and medium-sized enterprises, can have a difficult time understanding and fulfilling their legal obligations. This practical guide steers you safely and sympathetically through the maze of regulations that affect employers.
It offers a contract of employment which is fair to both employer and employee, explains the terms buzzwords which are important in this area of law, and answers some of the most frequently asked questions on the subject. Learn More. Monthly Budget. Create a budget for your household with this easy-to-use form and protect your family from future legal and financial hassles. This form includes instructions for filling it out, including: using actual expenses to project monthly expenses figuring out the difference between your projected needs and your actual income tracking the accuracy of your personal budget throughout the months after you fill it out See below for a full product description.
Monthly Income. Total up your monthly income on your way to creating a household budget that works for the whole family. With Nolo's Monthly Income form, you'll be able to clearly list and total up all sources of family income, including: jobs for which you receive a salary or wages self-employment income, including sales commissions investment income See below for a full product description.
Daily Expenses. Get a clear picture of how your money is spent. With Nolo's Daily Expenses form, you can avoid legal and financial problems and start the process of budgeting for your family. Fill in the blanks to determine your weekly expenses and deposits, including: everything you pay for in cash all ATM and credit card expenses automatic payments made directly from your bank account See below for a full product description. Cosigner Provision. Offer a loan safely by requiring your borrower have a cosigner.
General Release. Use this form if you have been injured or had your property damaged, but are releasing the other person from a future claim.
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