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