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The key to hiring lawfully is to be consistent and ensure each individual is processed the same way for the same position. Job descriptions should be up to date and should clearly outline the skill sets / experience and education required for the position. Allow this to be your tool for defining how individuals should be screened and processed.

First and foremost:

  1. Have every applicant for employment fill out an application in its entirety
  2. Check references
  3. Do background checks
  4. Require pre-employment skills
  5. Always use offer letters

Be aware that should you consider using social media as a recruiting tool that you do so with caution. The problem with social media is that employer becomes exposed to details that should not be used in determining someone’s “fit” for a position. The employer needs to keep focus on the basic factors: skills, experience, education, personality traits and criminal /credit background (if applicable). Any other factor you review or consider will more than likely be considered discriminatory. Therefore, don’t use other factors in determining whether an individual is or isn’t qualified.

Again, the biggest tip is to be consistent and keep focus on the basic factors necessary. Otherwise you greatly increase your risk for a lawsuit.

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