Are There Restrictions on Who I Can Hire?
When you want your business to succeed, you need to start by looking at the people that you employ. These people are the ones who will help you make or break your business, so you want to find the best people possible. When hiring new employees, it can be difficult to make sure that you have the very best candidates possible, but you also need to make sure you stay within legal requirements. So what are those legal requirements and does the government care who you hire?
Discrimination Law Requirements
You want to make the best decision when hiring an employee to work at your company, but the decision-making progress is not just about the “best hire.” You also need to consider federal law requirements when hiring employees. Under the law, no employer can discriminate against a person during the hiring and application process. Specifically, federal law forbids discrimination or retaliation against a potential employee with regard to race, color, religion, sex, national origin, age, disability, or genetic information.
I-9 Compliance
You also need to make sure that you are I-9 compliant, or that all of your employees are authorized to work in the United States. Each employer must ensure that Form I-9 is completed for all employees whether the person is a U.S. citizen or a foreign national. I-9 compliance does not keep you from hiring foreign nationals, but it does make sure that you won’t get in trouble with the government for hiring someone who can’t legally work here.
Prohibited Policies and Practices
The discrimination laws enforced by the federal government apply to various aspects of employment practices. The practices include job advertisements, recruitment, and application and hiring. Any job advertisements you post internally and externally cannot discourage people of certain ages or other discriminatory factors from applying for a job. These same practices also apply to people, who are trying to be hired by a business through recruitment (such as a college fair) or using a job interview by the potential employer.
Conclusion
While it may make the hiring process a little more difficult, you need to take all precautions when hiring an employee and not resort to discriminatory practices. You may not mean to discriminate, but if someone can make a case against you, it doesn’t end well for you. Court litigation, heavy fines, and poor publicity are just some penalties that you may suffer. To avoid this, make sure you fill out the required documentation promptly and eliminate any targeted language. It may take some effort, but it is worth it.
References:
Types of Workplace Discrimination
I-9 Verification and Compliance