Personnel Management

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Last Updated: October 2022

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This workbook covers Personnel Issues, including the hiring process, checking references and personnel files. It is designed to provide practical guidance for creating a legal and successful hiring process. It includes a detailed discussion of the most important part of the hiring process – Checking References. This workbook also covers the law regarding an employer's duties and an employee's rights with respect to personnel records and files.

Topics Include:

  • Recruiting and Advertising
    • Recruiting and Advertising Practices Must Be Non-Discriminatory
    • Affirmative Action
    • Update Job Descriptions and Validate Job Requirements
    • Case Studies on Recruiting
  • Applications
    • Establish a Uniform Screening Process to Review Applicants
    • Avoid Discrimination in Application Procedures and Inquiries
    • Waivers from Applicants to Obtain Background Information
    • Case Studies on Applications
  • Pre-Employment Testing
    • Polygraph Examinations
    • Physical Agility/Fitness Testing
    • Caution Regarding Tests Which Have a Disparate Impact on Applicants in Protected Classes
    • Case Studies on Testing
  • Interviewing
    • Preparing for the Interview
    • During the Interview
    • After the Interview
    • Case Studies on Interviewing
  • Conditional Job Offers
    • Pre-Conditional Offer Disability-Related Inquiries and Examinations
    • After a Conditional Offer Has Been Made
    • Case Studies Regarding Conditional Offers and Drug Testing
  • Pre-employment Medical Examinations
    • Overview
    • What is a “Medical Examination”?
    • Denial of Employment Based on Results of Medical Examination
    • Case Studies on Medical Examinations and Direct Threats
  • Reasonable Accommodations
    • Accommodating Disabled Applicants in the Hiring Process
    • Reasonable Accommodations for An Applicant’s Religious Creed
    • Case Studies on Reasonable Accommodation
  • Employment Eligibility
    • Employment Eligibility Verification and the Form I-9
    • Peace Officer Citizenship Requirement
    • Case Study on Employment Eligibility Verification
  • Record-Keeping/Retention of Hiring Documents
    • Statutory and Regulatory Requirements
    • Public Records Act Requests
    • Requests by Employees to Review Hiring Records
    • Case Studies on Record-Keeping/Retention of Hiring Documents
  • Unique Employment Circumstances
    • At-Will Employment
    • Independent Contractors
    • Case Studies
  • The Purpose of a Reference Check
  • Conducting a Background Check
    • Ensure That the Application is Complete
    • Decide Who Will Conduct the Background Check
    • Obtain a Signed Waiver and Authorization
    • Determine Which Candidates Will Be Investigated
    • Verify Information About Applicants
    • Use a Questionnaire
    • Verify Education, Licenses and Certifications
  • Legal Restrictions on Performing Background Investigations
    • Privacy Issues
    • Equal Employment Opportunity Laws
    • Credit Checks/Consumer Reports
    • Confidentiality of Sources Providing References
    • Using Criminal Offender Record Information
  • Background Investigations for Law Enforcement Personnel
    • Peace Officer Background Investigations
    • Public Safety Dispatcher Background Investigations
    • Emergency Medical Technician Background Investigations
  • Responding to a Request for Background Information
    • Background Response Policy
    • Mandatory Cooperation with Peace Officer Background Investigations
    • Liability Considerations
  • Introduction to the Law of Personnel Records and Files
  • Maintenance of Personnel Files
    • Why Maintain Personnel Files?
    • Who Should Maintain?
    • Where Should the Materials Be Maintained?
    • Supervisors’ Files
  • What Information May Be Placed into Personnel Files
    • Contents of Personnel Files
    • Information That Should Not Be Placed in the Personnel File
    • Documentation Checklist
    • Information Required by the Immigration Reform and Control Act
    • Employee’s Right to Dispute the Contents of Personnel Files
  • Access to Employees’ Personnel Files
    • Employee Inspection of Own Personnel File
    • Inspection Checklist
    • Internal Disclosure
    • Disclosure to Non-Employees
    • Avoiding Lawsuits by Permitting Inspection of Personnel Files
  • Employer’s Retention of Employee Personnel Files and Records
    • California Statutory and Regulatory Requirements
    • Federal Statutory and Regulatory Requirements
    • Statutes of Limitations
    • Practical Considerations in Developing a Retention Policy
  • Discovery of Personnel Records and Files in Litigation
    • Overview
    • Electronically Stored Information
    • EEOC/DFEH Requests for Information
    • Subpoenas for Personnel Records
    • Discovery of Police Records
  • Negotiability of Rules Concerning Personnel Records and Files
  • Establishing a Personnel Records and Files Policy

This document is provided as a benefit to Liebert Library subscribers and cannot be shared outside of their organization. The information contained within is a template only and is not designed to address the specific and unique issues, internal rules, practices, and/or governing documents that might be in place at your organization. You should always consult with legal counsel prior to implementation of any documents.

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