Supreme Court Decision Evidences Why it is Time to Conduct Interviewing & Hiring Training for Managers

On June 1, 2015 the United States Supreme Court issued its opinion in EEOC v. Abercrombie & Fitch Stores, Inc., an interview discrimination case brought by a woman who interviewed with the company while dressed in a Sikh turban head scarf. The Supreme Court held that individuals can raise claims of discrimination without proving that a company intentionally avoided hiring people who wear clothing for “faith-based” reasons.

Although the subject of the plaintiff’s religion did not come up during the interview, Abercrombie rejected the plaintiff for employment on the basis of its dress code, which prohibited headwear in its stores. Abercrombie argued that it was only liable to accommodate religious practices if it had actual knowledge of the prospective employee’s religious beliefs. The Court rejected that argument, and held what really matters is the employer’s motivation in rejecting an otherwise qualified applicant.

Interview and Hiring Training Highlights Key Distinctions in the Law

As you are undoubtedly aware, the pre-employment process is filled with legal pitfalls. Further, when a new opinion such as Abercrombie is issued the law becomes that much more complicated. With that in mind, individuals involved in the recruitment, interviewing and hiring process need to be familiar with the law so that they can avoid hiring practices that could be considered discriminatory or invasions of privacy.

Syntrio’s interview and hiring course discusses legal issues related to writing job descriptions, recruitment methods, interviewing, testing, and evaluating candidates as well as issues related to reference and background checks and offers of employment. It is critical for your managers to master the fundamental legal concepts surrounding these areas so that your company is well postured to get off on the right foot with employment law compliance. As the Abercrombie case shows, failing to follow the law prior to hiring an employee can be as disastrous as an employment lawsuit by a current employee.

Pre-Employment Screenings and Interview Questions are Hot-Button Issues

It is no secret that there have been numerous lawsuits filed over pre-employment tests that have an allegedly “disparate” impact on certain classes of people. Further, there is a significant amount of privacy litigation taking place concerning drug testing in the workplace (and the ever changing law concerning de-criminalization of recreational drugs). Finally, the questions managers ask (or fail to ask) during a job interview can place the company at risk of significant damages if a lawsuit is filed.

For all of the foregoing reasons it is critical that your company conduct routine pre-employment training for all managers involved in the recruitment and hiring process. Sytnrio’s interview and hiring training for managers course provides real life examples, and can be custom-tailored to suit the needs of your company or particular industry.

Syntrio is committed to helping businesses maintain the highest standards of compliance when creating policies and pre-employment formulas that demonstrate their commitment to compliance with state and federal employment laws.

Contact for more information about our business ethics courses and remember to follow us on TwitterGoogle Plus and LinkedIn for daily updates on employment law and compliance issues that may impact your organization!


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