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Recruitment Intervention Strategies

Recruitment and Retention Toolkit   Recruitment Intervention Strategies   Legal Considerations of Recruitment and Hiring [2.2.2.b]

Legal Considerations of Recruitment and Hiring [2.2.2.b]

The processes of recruiting and hiring job applicants are subject to a number of Federal and State laws and regulations. The information below is provided to familiarize employers with these basic requirements.
PLEASE NOTE: The information provided on this Web portal and its recommended links is general in nature. It is not a substitute for your organization’s professional counsel. Please discuss specific legal matters with an attorney.
EEOC Workplace Laws
The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing many Federal employment laws that make it illegal to discriminate against employees or job applicants. Most employers with at least 15 employees, and most labor unions and employment agencies, are required to follow EEOC laws. EEOC protect employees and job applicants in areas such as civil rights, equal pay, disabilities, and genetic nondiscrimination.
Non-EEOC Workplace Laws
A number of additional laws and regulations prohibiting discrimination and regulating workplace issues are required by sources other than EEOC. They address a variety of issues, including family and medical leave, safety and health in the workplace, wages, child labor, unions, workers’ compensation, and specific aspects of disability discrimination.
The Government provides a helpful list of laws, regulations, and fact sheets organized by type of discrimination, such as age, race, or national origin.
EEO Posting and Other Posting Requirements
An equal employment poster that prohibits discrimination based on race, age, sex, religion, nation origin, and disability (i.e., “the EEO poster”) must be displayed in a location where all employees can see it. Posters can be ordered from the EEOC by dialing 800-669-3362. In addition, the Department of Labor mandates specific postings on labor laws and States usually have their own posting requirements. State information can be obtained by conducting an Internet search using the terms, [your State] and “employment posting requirements.”
Legal Rights of People with Alcohol and Drug Histories and Criminal Records
The Legal Action Center provides several helpful resources, such as a webinar series and PowerPoint presentations that describe anti-discrimination laws that protect people in recovery. Sample topics include discrimination in employment and housing, issues faced by people in Medication Assisted Treatment, and the rights of people with criminal conviction histories.

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