NY Employment Lawyers - Small business employment law:
How to avoid discrimination claims in the hiring process for small businesses:
- Whenever possible, make sure to have job announcements and employment applications reviewed by an attorney before they are used.
- Include only job-related information in an employment application.
- Note on the application that your company has an anti-discrimination policy and that employment is “at will,” meaning it may be terminated by the employer or employee at any time for any reason.
- All job qualifications and requirements must be job related (e.g. skills, experience), not personal (political views, age, gender, etc.), and presented in formal job descriptions.
- Keep job interviews within a well-drafted outline. Don't ask questions about personal matters.
- Do not cite specific reasons for not hiring an employee in turn-down letters. Less is more.
This is the first in our series designed for small businesses. We will continue this series of small business employment law advice in subsequent posts.
Please contact us if you have any employment law questions about your small business in New York or New Jersey.