Candidate authenticity has displaced the traditional “not enough qualified candidates” complaint in the hiring world. Generative AI raised the floor of résumé quality and candidate presentation, forcing HR teams to refocus their energy on skill validation, structured interviews and identity assurance.
• 5 benefits of a good job description, and the risks associated with outdated ones.
• 4 federal laws that require accurate and up-to-date job descriptions, including the Pregnant Workers Fairness Act.
• 4 simple steps to create accurate and defensible job descriptions that match industry standards and local variations—with online resources.
• How to define “essential functions” for ADA, FMLA and PWFA purposes.
• Using job descriptions as a disciplinary tool to guide performance reviews and employee discipline, including designing PIPs in the era of reductions in force.
• Choosing the right language that locks in an employee’s FLSA classification, avoids discrimination charges and more.
• Tips and tools for continually evaluating job descriptions to avoid misclassification errors and other legal issues throughout the year.
Dubbed SALUTE for Support and Assistance for Leaders in USERRA Training and Employment, the program allows employers to ask for technical assistance to better understand their obligations.
Just a few weeks after EEOC Chair Andrea Lucas took to social media site X to plea for white men who believe they have been discriminated against because of their race, sex or both to file complaints, a plaintiff has filed a failure-to-hire lawsuit based on reverse discrimination.
Many frivolous cases will be tossed out without ever having been seen by an NLRB investigator if the information isn’t submitted within two weeks.
When HR launches a discrimination or harassment investigation, it’s a good idea to stay attuned to how that investigation may look to outsiders a year or so down the line. That requires those performing the investigation to put aside any preconceived notions about what happened.
• Retention periods. Discover exactly how long to retain various documents, including applications, résumés, FMLA forms, payroll records, leave requests, medical data, benefits information and more.
• Document storage. Understand the proper way to organize documents, which ones need to be maintained in separate files and how electronic storage rules differ from those for paper storage.
• Reasonable-accommodation records. Correctly handle requests related to disabilities, pregnancy impairments, religious objections to vaccinations and genetic information.
• Indispensable records. Learn which records should never be deleted and why, as well as the requirements for storing and deleting communication records.
• Personnel file requests. Know what to do when lawyers or employees ask to review personnel files—this varies by state and timing of the request.
• I-9 updates. Stay updated on the new form and procedures, and learn about the new rules for remote examination if you use E-Verify.
If you’re still utilizing noncompete agreements, there’s news on the state front. Many states that regulate their use set earnings limits below which noncompete agreements can’t be enforced and update those limits every year. This year is no different.
Does the PUMP Act support/cover an accommodation in the form of 100% telework for a breastfeeding mother?
“Illegal” DEI started out relatively undefined. The EEOC and the Department of Justice have been refining its definition ever since. The problem: The government’s definition of DEI runs headlong into Title VII and the Americans with Disabilities Act, which are still good law, and against two Supreme Court decisions affirming employers’ voluntary DEI programs in narrow circumstances.
