Recruiting, Interviewing, Selecting and Orienting New Employees

By Diane Arthur | Go to book overview

CHAPTER 5
Interviewing and Legal
Considerations

Pick up a newspaper on any given day and you're likely to read about the most recent in an ongoing series of employment discrimination settlements. For example, over a five-month period in 2004, papers across the country had headlines about two wellknown companies and another about recent statistics concerning same-sex harassment1:

Wal-Mart Sex-Bias Suit Given Class-Action Status (subhead: “1.6
Million Employees, Current and Former, Are Represented”)

Morgan Stanley Settles Bias Suit with $54 Million (subhead:
“Firm Denies Wrongdoing; 340 Women May Qualify for a Share,
but One Is Granted $12 Million”)

Same-sex harass claims rising (subhead: “In era of high-profile ac-
cusations, more cases are being filed, mostly by men, as the
stigma eases”)

That's just a sampling of sex discrimination cases. There are many more settlements concerning other forms of employment discrimination, including race, religion, and age. What does any of this have to do with you, personally, when you make a concerted effort not to discriminate? The answer is easy, albeit disconcerting: If you're in human resources and anyone in the organization is charged with discrimination, you are certain to be involved in what is often a lengthy legal process. If you're personally accused with employment discrimination, justly or not, you will find yourself embroiled in each step of the lawsuit. You may even be called upon to provide input if you're not in HR or personally involved with a particular employment discrimination charge. In other words, anyone having anything to do with any aspect of the employment process is expected to have a basic knowledge of equal employment opportunity (EEO). Unintentional violations caused by ignorance of the law are not excusable.

(Note: The information contained in this chapter is not intended to represent legal advice and is current as of this writing.)

-102-

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