[...]... broken the contract—and might have to pay damages to the employee It’s easy to avoid making inflated promises if you follow one simple rule: Tell the truth After all, job applicants are trying to figure out whether the job will fit with their career goals, skills, and lives outside the workplace They deserve to know the truth so they can make the right decision This strategy will not only keep you out of legal. .. the job duties to the applicant during the job interview Then ask how the applicant plans to perform the job This approach gives applicants an opportunity to talk about their qualifications and strengths It also gives them a chance to let you know whether they might need reasonable accommodations to do the job Some other rules to keep in mind: • If you have no reason to believe that the applicant has... when the applicant graduated, as a way to find out whether you know people in common The problem is, the answer will necessarily reveal the applicant’s age—and if the applicant is at least 40 years old, this could be part of a discrimination claim if you later offer the job to someone else On the other hand, you don’t want to get so hung up on every word you say that you defeat the purpose of the interview:... cannot ask whether the applicant will need an accommodation to perform the job • If you know that the applicant has a disability (for example, the disability is obvious or the applicant has told you about it), you can ask about accommodations The U.S Equal Employment Opportunity Commission (EEOC) is the federal agency that enforces the ADA According to the EEOC, you should never ask the following questions... 1/20 1/2 THE MANAGER’S LEGAL HANDBOOK H iring can be a tough task for managers It’s challenging enough to find the right hire for the job—someone with the skills, attitude, personality, and other important qualities to be a success at your company When you add legal concerns to the mix, hiring can seem like a truly daunting responsibility But you cannot ignore your legal obligations when... Of all the antidiscrimination laws, none confuses managers more than the Americans With Disabilities Act (ADA), 42 U.S.C §§ 12101-12213, especially when it 1/9 1/10 THE MANAGER’S LEGAL HANDBOOK comes to hiring Managers want to find out if the person they hire can actually perform the job but often aren’t sure how to explore this issue without running afoul of the law (For information on how the ADA... you the extra information you need The appendix (at the end of the book) contains a list of resources you can consult for more information These resources include: • Contact information for the federal agencies that enforce federal workplace laws, including the Equal Employment Opportunity Commission (EEOC), the Occupational Health and Safety Administration (OSHA), the Department of Labor (DOL), and the. .. Focus on what the job really requires Use the job description for the position (if you have one) to script some interview questions that will help you find out if the applicant has the necessary skills and experience If you don’t have a job description, create a list of the essential tasks the employee you hire will have to perform, then craft questions that will help you figure out whether the applicant... because sight is not required for the job, but it is required to take the test 1/11 1/12 THE MANAGER’S LEGAL HANDBOOK Skills Tests Skills tests range from something as simple as a typing test to something as complicated as an architectural drafting test Generally speaking, these tests are legal as long as they genuinely test a skill necessary to perform the job, don’t violate the ADA (see above), and don’t... state to state Some states allow them only for jobs involving public safety; some states allow them only for drivers; some states allow them for any occupation; some states don’t allow them at all Consult “State Drug and Alcohol Testing Laws,” at the end of this chapter, for information on your state’s rules 1/13 1/14 THE MANAGER’S LEGAL HANDBOOK Lessons From the Real World The Rent-A-Center company was . A/1 4 Index INTRODUCTION Navigating the Maze of Employment Law How to Use This Book I/2 Additional Resources I/3 I/2 THE MANAGER’S LEGAL HANDBOOK S ome managers learn the hard way that good intentions aren’t enough. In these. want the help of a trained professional, consult an attorney licensed to practice in your state. NOLO please note The Manager’s Legal Handbook By Attorneys Lisa Guerin and Amy DelPo 3rd edition Third.