Keeping the job application process simple and consistent can keep employers from falling into a legal quagmire. The more complicated the application, the more possibilities there are for problems to arise.
“You should keep the application process simple, relevant and consistent,” Erika Reynolds, an attorney specializing in employment issues at the St. Louis-based legal firm Fox/Galvin said. Reynolds, who spoke yesterday at the Inland Marine Expo in St. Louis, said employers should "keep questions related to the job, avoiding questions about race, gender and sexual orientation.”
Be specific about what the job requirements are and what it takes to handle those duties. “If you have a weight or lifting requirement, ask specifically if the applicant is able to perform that task,” said Reynolds, “or if the applicant is required to work on Saturdays, make sure you ask, ‘Are you able to work on Saturdays?' "
Background checks and credit checks are fine as long as they are conducted for the right reasons, Reynolds said. She said her firm recently handled a class action suit brought against a company for not hiring people because they had bad credit. “The job these people applied for had nothing to do with finances, so there was no reason for it.”
When it comes to drug screening, again, make sure there is consistency. “Can’t do it for people working on the boats, if you’re not screening the office people too,” Reynolds said.
On salaries, make sure there’s no difference between what men and women are paid for the job that is open. “Of course, you can’t be gender biased,” Reynolds said. There can be a difference if the new hire is doing the same type of job as someone who has been with the company for 10 years. The worker who has been there for a decade will make more money, “but make sure there are annual and accurate employee evaluations.”
