A Legal Guide to the Hiring Process

Job Postings and Descriptions

Legal Requirements

• Avoid language that could indicate a preference based on protected characteristics
• Include essential job functions to support ADA compliance
• Be cautious with "required" qualifications that could disproportionately exclude protected groups
• Many jurisdictions now require salary ranges in job postings - check your local requirements

Best Practices

Write job descriptions that focus on actual duties and necessary qualifications. Overly inflated requirements may discourage qualified applicants and can create legal risk if they disproportionately impact certain groups.

The Application Process

• Use a standardized application form for all positions
• Avoid questions about age, marital status, religion, national origin, disability, or other protected characteristics
• Many jurisdictions have "ban the box" laws restricting when you can ask about criminal history
• Keep all applications on file for at least one year (longer in some jurisdictions)

Interviewing

Questions to Avoid

Never ask about:

• Age or date of birth
• Marital or family status
• Religion or religious practices
• National origin or citizenship (beyond work authorization)
• Disability or medical conditions
• Pregnancy or family planning
• Genetic information

Structured Interviews

Use the same set of job-related questions for all candidates for a given position. This promotes consistency and reduces the risk of discrimination claims.

Background Checks

If you conduct background checks, you must comply with the Fair Credit Reporting Act (FCRA):

1. Obtain written consent before running a check
2. Provide a copy of the report and a summary of rights before taking adverse action
3. Allow the candidate time to dispute inaccurate information
4. Provide final adverse action notice if you decide not to hire based on the report

Offer Letters

An offer letter should include:

• Position title and reporting structure
• Compensation details
• Start date
• At-will employment statement (if applicable)
• Contingencies (background check, drug test, etc.)
• Benefits overview

Avoid language that could be construed as guaranteeing employment for a specific duration.

Onboarding Compliance

Within the first few days of employment:

• Complete Form I-9 (Employment Eligibility Verification)
• Provide required state and federal notices
• Enroll in applicable benefits
• Review and acknowledge the employee handbook