When it comes to litigation prevention, a lot of attention is paid to firing.  But let’s not forget about the important subject of hiring.

Q: Why is a good hiring process so important in preventing employment litigation?

A: Hiring decisions, statements made during interviews, and screening practices are frequently offered as evidence in suits for race, sex, national origin, religion, age and disability discrimination.

Q: Is a solid hiring process also important from a purely economic prospective?

A: Absolutely. It’s expensive to hire, train and then lose an employee, either through a resignation or the termination of someone who turns out to be unqualified or a poor fit for the job.

Q: What are some common principles that will likely improve any employer’s selection decision and reduce litigation risks?

A: (1) Proper job descriptions that define the essential functions of the job, the necessary qualifications, and the company’s expectations. (2) Employment applications that communicate conditions of employment, such as drug testing,  background checks, or at-will employment.(3) Training of all employees who interview applicants about unacceptable inquiries (such as “Do you have any back problems?”)  (4)  External advertising and internal posting of job openings instead of hand-picking one of your favorites.  (5) Avoiding candidates who fail to complete the application form and leave gaps in their employment history.

Q: So what’s the bottom line?

A: Investing time and resources in organizational hiring practices will yield significant returns for your company or organization through better hiring decisions and reduced risks of legal liability.  If you spend more time hiring, you’ll worry less about firing.