Legal Pitfalls When Hiring Candidates: What HR Needs to Know Before Making an Offer
Hiring a new employee may seem straightforward—but the legal risks begin long before the candidate accepts the job. From the questions asked during an interview to background checks, salary history, job descriptions, offer letters, employment classifications, and Form I-9 requirements, employers must navigate a complex web of federal, state, and local employment laws.
HR professionals and managers need to understand what they can and cannot ask applicants, what information they can lawfully consider when making hiring decisions, and how to avoid practices that can result in discrimination claims, regulatory violations, or costly litigation.
This practical 60-minute webinar examines the most important legal issues employers face throughout the hiring process. You will learn how to conduct legally compliant interviews and pre-employment inquiries, develop effective job descriptions and applications, properly handle background checks, prepare offer letters, and avoid common mistakes involving employment-at-will and exempt/non-exempt classifications.
The legal landscape is also changing rapidly. Many jurisdictions have enacted laws restricting employers from asking applicants about salary history, while others have imposed additional requirements relating to background checks, criminal history, credit information, and other pre-employment practices. Employers operating in multiple states must be especially careful because a hiring practice that is lawful in one jurisdiction may be prohibited in another.
The webinar also addresses important requirements involving the Fair Credit Reporting Act (FCRA), Form I-9, the Fair Labor Standards Act (FLSA), the Americans with Disabilities Act (ADA), and the Genetic Information Nondiscrimination Act (GINA).
Whether you are an HR professional, manager, business owner, or in-house counsel, this webinar will provide practical guidance for navigating the hiring process while reducing legal risk.
Some of the Many Things You Will Learn:
- Employment Applications: What information should—and should not—be included on an employment application
- Interviews & Pre-Employment Inquiries: What employers can lawfully ask candidates and which questions should be avoided
- Salary History: Understanding laws restricting employers from asking applicants about prior compensation
- Background Checks: When employers may conduct background checks and how to comply with applicable legal requirements
- The Fair Credit Reporting Act (FCRA): Understanding employer obligations when obtaining consumer reports for employment purposes
- Criminal History: EEOC guidance and legal considerations when making hiring decisions based on an applicant's criminal record
- Credit Checks: Understanding legal restrictions and best practices when considering an applicant's credit history
- Offer Letters: What to include in an offer letter—and what language could inadvertently create legal problems or an implied contract
- Job Descriptions: Essential elements of an effective job description and legal considerations when drafting one
- Employment-at-Will: How to preserve at-will employment and avoid inadvertently creating an implied contract
- FLSA Classifications: Why employers should understand whether a position is exempt or non-exempt before making hiring and compensation decisions
- Pre-Employment Medical Examinations: Understanding when medical examinations may be conducted and what employers can and cannot ask
- GINA Compliance: Avoiding unlawful requests for genetic information and family medical history during the hiring process
- ADA Compliance: Understanding disability-related inquiries and medical examinations during the hiring process
- Form I-9: How to properly complete and maintain Form I-9 and avoid common compliance mistakes
- Multi-State Hiring: Understanding why state and local hiring laws can create additional obligations
- Common Hiring Mistakes: Identifying the legal pitfalls that frequently create employer liability
- Best Practices: Practical strategies for creating a legally compliant and effective hiring process
HR Learning Center's 60-Minute Online Legal Pitfalls When Hiring Webinar Includes:
- Live online training conducted by an experienced employment attorney
- PowerPoint presentation covering key legal requirements and best practices
- Practical handouts and resources
- Certificate of Attendance
- Live Question & Answer Session
Who Should Attend?
This webinar is ideal for:
- HR Professionals
- VPs of Human Resources
- HR Managers and Directors
- Managers and Supervisors
- In-House Counsel
- General Counsel
- Business Owners
- Anyone involved in recruiting, interviewing, hiring, or onboarding employees
Hire With Confidence and Reduce Legal Risk
Hiring decisions can create legal exposure before an employee ever walks through the door. Understanding the rules governing applications, interviews, background checks, offer letters, medical inquiries, employment classifications, and onboarding is essential to protecting your organization.
Join HR Learning Center for this practical webinar and learn how to identify the most common legal pitfalls in the hiring process—and what HR and managers can do to avoid them.