How to Hire Legally and Reduce Risk

Grace Hamilton
Published Jan 10, 2025


When hiring new employees, it's very important to follow the laws to avoid legal problems. These laws protect job applicants and employees from being treated unfairly.
 

Key Hiring Laws to Know


It's illegal to discriminate against anyone based on:
 

  • Age (40 and older)
  • Disability
  • Gender identity
  • Genetic information
  • National origin
  • Pregnancy
  • Race or color
  • Religion
  • Sex
  • Sexual orientation


There are also laws about how and when you can check someone’s background or credit, ask about their salary history, or how you must show salary in job ads.
 

Writing a Job Description


When creating a job ad, be clear about the duties and requirements. Always say that your company is an “Equal Opportunity Employer.” 

Avoid any phrases that might prefer one type of person over another, like “young and energetic.”

Dig deeper: Nonprofits Are Looking for More Skilled Legal Advisors
 

Finding Diverse and Skilled Applicants


Look for candidates in various places, such as different colleges, job fairs, and community groups. A diverse workplace is good for your business. 

Be careful not to only hire people similar to your current staff, as this can keep your workforce from becoming more diverse.
 

Avoid Common Mistakes


Review your application forms often to make sure they are fair. Make sure any background checks are done right. Always keep up with new rules.
 

Conduct Legal Job Interviews


Train those involved in hiring to ask relevant and open-ended questions. Make sure not to ask about personal details not related to the job, like family or personal beliefs. 

Notes from interviews should focus only on job-related information.
 

Bottom Line


Always follow the hiring laws. Making even small mistakes can lead to big legal troubles. Making sure you hire legally helps your business run smoothly and successfully.

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Need more legal guides? Check out the articles here.

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