I’ve Got 8 True-false Recruiting-related Legal Questions for You

Eight short questions, eight short answers.

The questions, most of them legal, are below.

lawThe answers and explanations will provided to you for my hourly fee, payable in full within seven days of today.

Just kidding! Answers will be in the ERE Daily newsletter (sign up free if you haven’t) next week. They won’t be online for non-subscribers.

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This is based on my experience with tens of thousands of situations. You may not agree with all my answers. But, hopefully, if nothing else, some of the questions and answers will spark your thinking.

Here we go. 

  1. Recruiting candidates from an employer’s competitors is likely to subject the recruiter to liability for unfair competition.
  2. Asking a candidate about his reasons for wanting to leave the current job is illegal, since it discriminates against the unemployed.
  3. An interviewer can ask a candidate about his or her financial assets and liabilities.
  4. It is illegal to refer minority candidates to jobs where similar minorities are more likely to hire them.
  5. It is against the EEOC guidelines for an employer to require good credit as a condition of employment unless there is a “business necessity” for the requirement.
  6. It is against the EEOC guidelines for an employer to reject a candidate because of the way he is dressed if the appearance is typical of his or her culture.
  7. Pre-employment aptitude and psychological tests are unlawful unless independently validated and related to job performance.
  8. Paying a candidate a secret “hire-on bonus” is legal.

More than thirty-five years ago, Jeffrey G. Allen, J.D., C.P.C. turned a decade of recruiting and human resources management into the legal specialty of placement law. Since 1975, Jeff has collected more placement fees, litigated more trade secrets cases, and assisted more placement practitioners than anyone else. From individuals to multinational corporations in every phase of staffing, his name is synonymous with competent legal representation. Jeff holds four certifications in placement and is the author of 24 popular books in the career field, including bestsellers How to Turn an Interview into a Job, The Complete Q&A Job Interview Book and the revolutionary Instant Interviews. As the world?s leading placement lawyer, Jeff?s experience includes: Thirty-five years of law practice specializing in representation of staffing businesses and practitioners; Author of ?The Allen Law?--the only placement information trade secrets law in the United States; Expert witness on employment and placement matters; Recruiter and staffing service office manager; Human resources manager for major employers; Certified Personnel Consultant, Certified Placement Counselor, Certified Employment Specialist and Certified Search Specialist designations; Cofounder of the national Certified Search Specialist program; Special Advisor to the American Employment Association; General Counsel to the California Association of Personnel Consultants (honorary lifetime membership conferred); Founder and Director of the National Placement Law Center; Recipient of the Staffing Industry Lifetime Achievement Award; Advisor to national, regional and state trade associations on legal, ethics and legislative matters; Author of The Placement Strategy Handbook, Placement Management, The National Placement Law Center Fee Collection Guide and The Best of Jeff Allen, published by Search Research Institute exclusively for the staffing industry; and Producer of the EMPLAW Audio Series on employment law matters. Email him at jeff@placementlaw.com.

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