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Total Articles: 49

Implementing Illinois’ AI Video Interview Act: Five Steps Employers Can Take to Address Hidden Questions and Integrate Policies with Existing Employment Laws

In a 2019 survey Littler conducted of over 1,300 in-house counsel, HR professionals and C-suite executives, more than 35% responded that their organization is using artificial intelligence (AI) in the recruiting and hiring process.1 Employers can take advantage of a growing range of AI-based methods of talent assessment, which includes AI-driven review of resumes, algorithm-based reviews of applicants’ responses to test questions, and algorithmic analysis of applicants’ publicly available social media content. A growing number of employers are turning to yet another talent assessment tool: AI-powered video-interview platforms that apply algorithms to video-recorded interviews to facilitate an employer’s assessment of an applicant.

Salary History Bans: FAQs, Best Practices, and Latest Updates

Laws limiting employers’ inquiries on a prospective employee’s compensation history are on the rise. More and more states and localities are passing these laws and, at the same time, courts are deciding cases on whether prior salary can justify pay differences. In this episode, Lara de Leon discusses the current state of the law and key steps employers can consider to address bans on salary history.

What’s in a Name? Stamping Out Bias in Employment Screening Processes

Implicit bias in the workplace can start as early as the application process. A key study conducted by National Bureau of Economic Research found that significantly fewer employers responded to resumes listing stereotypically “black-sounding” names than resumes including similar qualifications but listing “white-sounding names.” Job advertisements might include words or phrases that – by accident or design – tend to draw applicants of a certain race or gender. How can employers recognize these unconscious biases in hiring and take steps to address them? In this podcast, Cindy-Ann Thomas, Littler Principal and Co-Chair of the firm's EEO and Diversity and Inclusion practice group, discusses these issues with Littler Shareholder Jeffrey Hanslick and Amy Peterson, Director of Parker and Lynch and Ajilon professional search firm.

Enhancing the “Human” in “Human Resources” – How AI Can Unlock Talent and Eliminate Bias

In this podcast, Aaron Crews, Littler’s Chief Data Analytics Officer, discusses potential uses for AI in supporting HR decisionmaking with Athena Karp, the CEO and cofounder of HiredScore. They explore ways that technology – such as explainable algorithms – can serve employers by improving the effectiveness and transparency of processes for companies and other stakeholders, including candidates. They also address how organizations can structure, validate and verify their data and data training to prevent bias from sneaking into AI-driven analysis.

This Valentine’s Day, Fall in Love With These Hiring Practices

The hiring process can be one of the most stressful steps of any employment relationship. As the employer, you are opening your doors to somebody who is hopefully going to contribute to your company’s success. Moreover, hiring is a process that requires both time and money. Thus, employers often want to expedite the hiring process.

Top 10 Ways Employers Can Avoid Getting Ghosted This Halloween…And Beyond

As if things aren’t spooky enough this time of year, employers have a new concern: getting “ghosted” by an applicant, a new hire, or even an existing employee. But this modern phenomenon isn’t just something to worry about during the Halloween season—it can happen at any time, to just about any employer. The good news is that there are some techniques you can employ to reduce the chances of it happening to you.

EEOC Reminds Employers of the Importance of Targeted Screening and Individualized Assessment Processes

On September 24, 2018, the U.S. Equal Employment Opportunity Commission (EEOC) reaffirmed the importance of following its 2012 enforcement guidance on employer use of criminal history information—specifically the EEOC’s targeted screening process and individualized assessment process--when it announced a voluntary agreement with large furniture retailer Rooms To Go. The agreement resolved allegations of race discrimination brought by an African-American job applicant whose offer of employment was rescinded based on Rooms To Go’s background check policies.

"Ban The Box" Turns 20: Decoding the Current Framework

Twenty years ago, on a warm summer day, Hawaii enacted a restriction on employer inquiries into an applicant’s work history until after a conditional offer of employment. Intended to give applicants with criminal histories a fair shot at employment, the law—the first state "ban the box" law—crystalized a movement that, in time, would yield similar restrictions in 12 states and 17 localities (for private employers). The result is a crisscrossing jumble of requirements with little uniformity, putting employers in a difficult position when dealing with applicants (and sometimes even existing employees) in different jurisdictions.

FDIC Loosens Restrictions on Hiring Bank Personnel with Criminal Histories

The Federal Deposit Insurance Corporation (FDIC) recently published its final rule on modifications to the Statement of Policy (SOP) for Section 19 of the Federal Deposit Insurance Act, 12 U.S.C. § 1829 (“Section 19”), which will ease certain hiring requirements for banking industry employers.1

State Attorneys General Step Up Antitrust Probes of Franchise Industry Hiring Practices

In the midst of a federal effort to ramp up antitrust prosecutions of companies agreeing not to recruit or hire each other’s employees (see previous articles dated November 9, 2016, January 25, 2018, April 25, 2018 and July 17, 2018), special scrutiny – and criticism – has been directed toward the use of no-poach agreements in the franchise industry. State Attorneys General now lead the fight to limit the practice, and early indications suggest that their efforts are already producing results.

Ghosting in the Hiring Process: What It Is and How to Stop It

You have reached out again and again, but there is radio silence on the other end. No phone call, no email, not even a text or a LinkedIn message. The other person has just vanished. You have been officially ghosted.

Hiring Those With Criminal Backgrounds: Leading the Conversation

Despite the fact that getting a job with a living wage decreases the risk that an individual will commit another crime, society places many barriers to people with criminal records re-entering the workforce.

Does the Ban on Salary History Inquiries Violate the First Amendment? Ruling on Philadelphia Bill May Impact New York

n May 4, 2017, New York City joined the Commonwealth of Massachusetts and the City of Philadelphia when the Mayor signed legislation that bans employers from inquiring about the salary history of job applicants. These laws, which have the stated aim of reducing pay inequity along racial and gender lines, could have a wide-ranging influence on the way companies do business. The New York law is set to go into effect on October 31, 2017, although there is a possibility that the law’s implementation will be challenged, as the similar law has been in Philadelphia.

You Can Ask About It, But You Can’t Rely Upon It: Finally, a Resolution to the Constitutionality of Philadelphia’s Wage Equity Ordinance Seeking to Ban the Misuse of Salary History Information

According to the late great Tom Petty, “the waiting is the hardest part.” The United States District Court for the Eastern District of Pennsylvania (the “Court”), however, begs to differ with The Heartbreakers’ leading man. After waiting for over a year to receive a decision from the aforementioned Court with respect to the constitutionality of Pennsylvania’s Wage Equity Ordinance (the “Ordinance”), employers are left with more questions than answers.[1]

Pennsylvania Federal Court Rules Philadelphia Salary Inquiry Ban Violates First Amendment

The U.S. District Court for the Eastern District of Pennsylvania has struck down a Philadelphia ordinance prohibiting employers from inquiring about job applicants’ salary histories, on the grounds that such a restriction violates the First Amendment right to free speech.

Top Tips for Addressing Salary History Bans

Among the hottest trends an employer needs to be aware of in the US today is the push for pay equity and the multiple efforts to close the persistent wage gap between men and women. It is essential for employers to take note of the growing number of laws prohibiting salary history inquiries, including California, Delaware, Massachusetts, Oregon and others.

The Protocol for Broker Recruiting Suffers Major Defections—and May Suffer More

Three prominent financial services companies recently announced their withdrawal from the Protocol for Broker Recruiting, an agreement among securities firms regulating the conduct of stockbrokers changing jobs and curtailing the related litigation. The departure of these major firms may foreshadow the departure of other Protocol firms and the unraveling of the Protocol generally.

Ring in the New Year by Ensuring Compliance with New Salary Inquiry Bans

In recent months, several states and localities have passed laws and ordinances banning inquiries into an applicant’s prior compensation, including in California, Massachusetts, Delaware, New York City, Oregon, Puerto Rico, San Francisco, and Philadelphia. There are similar laws currently under consideration in a number of other states, and this topic is bound to be a key focus for lawmakers in 2018.

Emerging Laws Prohibit Employers from Inquiring About Past Pay Histories

Executive Summary: Subject to limited exceptions, federal, state, and local laws already require employers to pay men and women equally for doing similar work under similar working conditions. In another important effort to narrow the gender wage gap, four U.S. states, three cities, and the territory of Puerto Rico have recently passed laws that impose even stricter equal pay obligations on employers. These “past pay privacy” laws prohibit employers from seeking certain information about job applicants’ historical salaries. Without exception, these laws are gender-neutral. Thus, they aim to stop lower wages from following both women and minority workers in their professional careers and stop wage disparities from perpetuating in the United States labor market.

Ban the Box Legislation: Eclipsing the U.S.

Nationwide, there are approximately 29 states and over 150 cities and counties that have adopted some form of “ban the box” legislation. Although the legislation varies from one jurisdiction to the other, typically it requires employers to remove the criminal history check box from employment applications. This does not prevent employers from asking about criminal history, but it does limit when an employer can ask. Proponents believe that banning the box helps balance the inequities faced by convicted felons who are attempting to re-enter into the workforce; giving them a “fair chance.”

Summer Hiring – Are You Ready?

It may be hard to believe, but summer is less than six weeks away.

Hiring Millennials: What Employers Need to Know

What makes millennial workers different from those of other generations? Are they the spoiled, self-centered, instant gratification workers as sometimes portrayed, or are they the team-oriented, multi-taskers who are tech-savvy? While it’s possible they could have all of these attributes, only the strategic employer knows how to capitalize on these characteristics.

Analyze This: Unconscious Bias in Recruiting and What to Do About It

Managers generally hire people they like who do not threaten them, notes talent management expert Josh Bersin, of Bersin by Deloitte. But the person who might be the most fun to have a beer with at the office holiday party is not necessarily the most qualified candidate.

"Fake News" and the Hiring Process: Addressing Risks Before It’s Too Late

Fake news is on everyone’s minds these days to say the least.

3 Ways to Use Digital Platforms for Recruiting

The widespread availability of high-speed internet and the digital platforms that run on it have transformed virtually every aspect of our lives. From paying bills to watching shows to selling attic ware, many of our transactions take place in the form of strings of ones and zeroes.

What Employers Legally Can and Can't Ask You During a Job Interview and Salary Negotiation

Catharine Morisset’s article “What Employers Legally Can and Can't Ask You During a Job Interview and Salary Negotiation” was featured on Pay Scales on January 14, 2016.

Don't Fear The Future: Using Instagram As A Recruiting Tool

By now, most employers recognize that they shouldn’t peek at the social-media profiles of applicants for all sorts of reasons. It’s sort of like driving past an applicant’s house hoping that you can catch a glimpse of their private life through their front window. While in most states that might be legal, it’s a pretty stupid idea.

Next Year's Headache for Employers

Not to ruin the Christmas season, but when you get through the holidays and start focusing again on looming legal issues, you might want to read this article, Lawsuit Raises FCRA Fears, by Kristen Fratsch in Human Resource Executive On Line.

What Do an Application Process and a Suit Claiming Discrimination Have in Common?

The Third Circuit Court of Appeals recently upheld a lower court’s summary judgment decision, finding that an applicant who refused to complete an application without some guarantee that a particular individual would not participate in the hiring process could not support a claim of race discrimination. Murray v. Beverage Distribution Center, Third Circuit Court of Appeals, No. 11-1938, unpublished, July 29, 2013.

Becoming A Resume Lie Detector

Society of Human Resource Management studies show that 53% of job applicants lie on their resumes. Other research has placed the number at between 30% and 50%, with one 2011 study saying that 80% of resumes are – at a minimum – “misleading.”

Legal Alert: Employers Must Be Prepared to Use Revised FCRA Forms Beginning January 1, 2013

Executive Summary: Beginning January 1, 2013, employers must use the revised forms issued by the Consumer Financial Protection Bureau (CFPB) in November 2012 to conduct background checks under the Fair Credit Reporting Act (FCRA).

Employer Deadline to Update FCRA Notices

Employers face a January 1, 2013 deadline to update the notices they must provide to employees pursuant to the Fair Credit Reporting Act ("FCRA" or "the Act"). The requirement and deadline are the result of the recently created Consumer Financial Protection Bureau ("CFPB") assuming enforcement authority over the FCRA. Prior to the creation of the new federal agency, the Federal Trade Commission had enforced the Act.

Interviewing The Pawn Stars Way

Viewers of the popular television show "Pawn Stars" (The History Channel) know that recently the owner, Rick Harrison, and his father, "the old man," have been interviewing applicants for the night shift. Here is their exchange when the old man sat in on one of the interviews:

A Down Economy – An Increase In Hiring Dangers

With the unemployment rate in the United States continuing to flirt with record highs, employers are faced with a swell of job applicants and a larger pool of qualified candidates for open positions. The glut of applicants in comparison with the dearth of jobs has left many hardworking and qualified individuals unemployed for an extended period of time.

Considering A Job Applicant's Prior Bankruptcy Filing During The Hiring Process

A recent decision from the United States Court of Appeals for the Eleventh Circuit affirms a private employer's right to deny employment to a job applicant on the basis of the applicant's previous bankruptcy filing. This particular holding only impacts private employers in Alabama, Florida and Georgia. However, the Eleventh Circuit now joins the Third and Fifth Circuit Courts of Appeal in approving a private employer's right to consider this information in the hiring process. Accordingly, for now, private employers in the following states may safely consider bankruptcy filings when making hiring decisions: Alabama, Delaware, Florida, Georgia, Louisiana, Mississippi, New Jersey, Pennsylvania and Texas.

A Successful Employment Relationship Starts With A Good Interview

Let's face it, if you have conducted any number of interviews, you know that all things being equal on paper, the face-to-face meeting with an applicant can be invaluable. For years, I advised job seekers on how to achieve the "fit-in factor" with an employer during an interview. Like it or not, this is often the ultimate hiring criteria. Will this applicant fit in with the corporate culture? Will this person enhance the cohesiveness of out "team" atmosphere? Will this individual grow with the company and contribute towards its goals and success? The fit-in factor! Or, from the applicant's perspective, the most important response to the question: "Why should I hire you?"

The Use Of Social Media in Hiring - Risks and Tips

With the current economy as it is, more than ever businesses are trying to make sure that they make wise hiring decisions. Companies want to find a person who fits with the corporate culture, who projects an appropriate image and who can succeed. Historically, employers have researched potential hires through their applications, questionnaires, interviews, references (both personal and business), background checks, credit checks, and drug tests.

To Rehire Or Not To Rehire

Over the last two years, many companies have faced periods of uncertainty and decreased profits. In order to keep the doors open and the lights on during this time, most companies have instituted cost-cutting measures. In addition to cutting benefits and perks, many companies have been forced to engage in hiring freezes, layoffs and even closures.

A Crash Course in The New HIRE Act.

Newly-hired teachers and staff may provide your school with tax benefits under recently enacted legislation. On March 18, 2010, President Obama signed the Hiring Incentives to Restore Employment (HIRE) Act into law as part of an ongoing effort to reduce the nation's unemployment rate and spur job creation. Under the HIRE Act, also commonly referred to as the "jobs bill," employers may qualify for tax benefits by hiring workers who were previously unemployed or working only part-time, and for retaining those employees.

What You Need to Know About Hiring Summer Help.

As the summer approaches, students are planning for their futures. Do they want to backpack through Asia, take summer courses, or take up a summer job? For the group who wants to take up a summer job, you, as an employer, may find yourself with many available workers who are eager and willing to work in order to pad their wallets or their resumes. What kinds of things must you look for when hiring temporary, summer help though? Here are a few hot spots to keep your eyes on:

Out-of-Bounds Questions Can Cost Employers.

Recently, Miami Dolphins executive Jeff Ireland weathered a storm of public criticism following the revelation that, during an interview before the NFL draft, he asked wide receiver Dez Bryant whether his mother was a prostitute. While the former Oklahoma State star had been suspended last season for NCAA rules violations and reportedly had "character" issues, Ireland's out-of-left-field question left many observers wondering if he had been playing football without a helmet.

The HIRE Act: Who, What & How.

In an effort to reduce the nation's unemployment rate and spur job creation, President Obama signed the Hiring Incentives to Restore Employment (HIRE) Act into law on March 18 of this year. Under the HIRE Act, also commonly referred to as the "jobs bill," employers may qualify for tax benefits by hiring workers who were previously unemployed or working only part-time, and for retaining those employees. Specifically, employers who hire qualified individuals between February 3, 2010 and January 1, 2011 may receive a 6.2% payroll tax incentive. You may also claim an additional tax credit of up to $1,000 per worker if they are retained for a minimum of one year.

The Long and Short of Hiring.

Do you discriminate in your hiring against the vertically challenged? If so, you might be a heightist. But is that a bad thing?

The IRS has developed a form affidavit to confirm that an individual is a "qualified employee" under the new HIRE Act.

The Internal Revenue Service has developed a form (Form W-11) for use by employers to confirm that an employee is a qualified employee under the Hiring Incentives to Restore Employment (HIRE) Act. While it is acceptable to use a similar statement, such alternate statement will only be acknowledged by the IRS if it contains the information set forth in Form W-11, and the if employee signs it under penalties of perjury. As set forth in the version of the Act signed by President Obama last month, an employer may not claim HIRE Act benefits, including the payroll tax exemption or the new hire retention credit, unless the newly hired employee completes and signs an affidavit or statement under penalties of perjury, and is otherwise a qualified employee.

Newly Signed “Jobs Bill” Provides Tax Breaks to Companies That Hire Unemployed Workers.

On March 28, 2010, President Obama signed the Hiring Incentives to Restore Employment (HIRE) Act, which contains more than $17 Billion in tax credits aimed to stimulate employment, and includes $20 Billion for highway and transit infrastructure programs. One of the most important provisions for businesses is a tax credit for hiring from the ranks of the unemployed.

Newly signed "jobs bill" provides tax breaks to companies that hire unemployed workers.

On March 18, 2010, President Obama signed the Hiring Incentives to Restore Employment (HIRE) Act, which contains more than $17 Billion in tax credits aimed to stimulate employment, and includes $20 Billion for highway and transit infrastructure programs. One of the most important provisions for businesses is a tax credit for hiring from the ranks of the unemployed.

Retail Industry: Holiday Hiring: ‘Tis The Season To Be Careful!

Many companies need to take on extra help around the holidays, retail stores more so than most. Poor hiring decisions this holiday season could have repercussions on employers and turn a profitable season into a costly discrimination lawsuit. Well-planned hiring practices that comply with federal, state and local employment laws can help ensure that seasonal employees are well-suited for the job, and that the company is in a position to defend any possible claims. Here are six tips to ensure success and keep the peace in your workplace.

The Employment Application: More Than a Formality.

With a tightening economy, those employers fortunate enough to be hiring can't afford to make bad hiring decisions. Among other problems, bad hires can result in high turnover, low production, workplace disruption, abuse of benefits and creation of legal risks.

Who Will Play the Lead in Your Company’s Next Performance? The Beauty or the Beast?

Let's say you are a restaurant manager responsible for interviewing candidates for a maitre d' position. You narrow the applicant pool down to two candidates. Both applicants have similar employment histories, education, and job experiences. But during the interview process, you discover something that sets applicant two apart from applicant one. Here's how the interviews play out.
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