Interviewing, Recruiting, and Hiring Employees

The recruitment and hiring of new employees requires careful consideration of business and legal issues. Recruiting and interviewing can expose employers to potentially significant legal liability, and it is important to ensure that interviewers are aware of what questions or decisions are inappropriate or discriminatory.

Before recruiting to fill an open position, the employer should evaluate the reasons for the opening to ensure any employment activity is nondiscriminatory and in the best interests of the employer. Consider whether you can or should distribute work to existing employees without creating a new position, or whether the new position can be filled internally. 

If the work cannot be handled internally, and other solutions such as temporary staffing or an independent contractor aren’t feasible, the next step is to prepare a written job description which outlines the essential functions of the position. Even if not disclosed in a job posting, it is best to set a salary range and benefits for the position in advance of meeting any candidates. When advertising the position, include a statement that you are an equal opportunity employer, and ensure that the posting does not directly or indirectly discriminate against a protected class.

Next, develop an interview process and select only qualified applicants who meet the minimum essential job requirements for the position. Make sure to only ask appropriate questions. While polite personal conversation is appropriate, even inadvertent questions about a protected characteristic (e.g., age, religion, origin, medical history, marital or family status, etc.) can be grounds for a discrimination claim. It’s easier to cross the line indirectly. For example, asking an applicant about when they graduated high school or asking about whether the applicant has children can suggest age bias or marital/family status bias. Try to limit interview questions to those that reasonably related to the job opportunity.

Once you’ve settled on a successful applicant, make sure you record the reasons for the hiring decision in writing. It likely goes without saying, but avoid hiring friends and family who do not possess the skills needed for the job. Make sure to issue an offer letter which lays out the key terms of the employment offer, and retain a signed copy of the offer letter in your records.