Page 13 - OhioAlaCarteSpring11NEW

www.ohiorestaurant.org 11 Spring Issue

Lawsuits, lawsuits, lawsuits. It seems that our society becomes increasingly litigious. People will sue over just about anything these days. And the plaintiff’s bar is eager to help them. Sometimes it seems that there is nothing you can do to avoid getting sued. There are steps, however, that restaurant operators can take to reduce the risk of litigation. One such step is to make your hiring process defensible.

By adopting “best practices” in the hiring process, you can reduce or avoid the risk of bogus lawsuits and still know that you are hiring the best possible employees for your operations. One of the best practices in hiring is conducting a proper interview. Like anything else in the hiring process, though, you need to make sure it is done lawfully.

Unfortunately, hiring is sometimes a difficult process for restaurant operators because of the fast-paced nature of the industry and the need to hire quickly to meet customer demands. But this is a task well worth doing right because haste in the hiring/interviewing process can result in wasted hours and dollars spent on litigation.

This article will give you an overview of laws that influence the hiring/ interviewing process and helpful hints for what to ask (and what not

to ask) when you interview prospective employees.

Following is a list of federal and state laws that generally protect individuals from discrimination in any aspect of employment, including hiring and firing, compensation, assignment or classification, transfers, promotion, layoff or recall, job advertisements, recruiting, and testing, training and apprenticeship programs, pay, retirement plans, disability, leave, and “other terms and conditions of employment.” Because the interview process is part of the hiring decision, it is clearly covered by these laws prohibiting discrimination.

• Title VII • Equal Pay Act

• Age Discrimination in Employment Act • Americans with Disabilities Act

• Genetic Information Nondiscrimination Act • Immigration Reform and Control Act • Bankruptcy Reform Act • State laws

Defensible

Employment Interviews

What You Can and Cannot Say to Job Applicants

By Alisa Pittman Cleek and Jaime Duguay