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OnDemand Course

Job Postings and Notifications: What Are Your Liabilities?

Stay out of trouble by understanding the legal trends, tips and tricks, and general guidelines of job posting and notifications.

The days of posting job ads and openings in the local paper are long gone. Today, between the craziness of filling open positions and applicant screenings and the endless opportunities provided by the internet and social media, the hiring process is more complicated than ever. How and where a business advertises job openings and the language used in those postings has a significant effect on the caliber of potential hires and the possibility of an adverse legal action against your company. A seemingly innocent phone call or email, or even a text, can create significant liability and expense down the road - often not rearing its head until weeks or months later. It is important to work closely with human resource professionals or hiring managers to understand the dynamics and potential traps with regards to job postings and notifications. This topic will prepare you for those challenges. In particular, this material will address new, legal trends, tips and tricks, and general guidelines to help you have more time operating your business and less time talking to lawyers.

89 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Red Flags and No No's - Minimizing Liability With Job Postings

  • Content of the Posting Is Critical
  • Where and How You Place the Ad Is Important
  • Word of Mouth Recruiting
  • Do Not Create Implied Contracts or False Impressions About the Job Posting
  • Caution - Hiring Practices (for Example, Tests or Background Checks) That Have an Especially Negative Effect on Applicants Can Be Discriminatory
  • Ban the Box
  • Job Descriptions

Tricks of the Trade: Compliance and How to Mitigate Potential Exposure

  • Equal Opportunity Employer
  • Interviewing
  • Consistency - Screening and Vetting Applications
  • Retention and Recordkeeping - Dot the I's and Cross the T's
  • Specific Timelines for Job Postings
  • Bona Fide Occupational Qualification (BFOQ)

Maximize the Screening Process and Minimize Liability

  • Say What?! Permissible Pre-Employment Inquires
  • Disparate Treatment vs. Disparate Impact
  • Non-Legal Complications and the Importance of Intentional Hiring
  • You Have Been Hit With a Charge or a Complaint - Now What?
  • Conclusion
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, New Hampshire, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on February 26, 2021.

Call 1-866-352-9540 for further credit information.

  • ASA 1.25
     
  • This program qualifies for 1.25 continuing education hour(s) towards maintaining your ASA credential. Please contact ASA for more information at [email protected]. Please retain proof of attendance in the event your CE record is audited.
     
  • AK CLE 1.5
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CT CLE 1.0
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
     
  • GA CLE 1.0
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
     
  • MO CLE 1.8
     
  • This course qualifies for self-study CLE credit in Missouri.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • VT CLE 1.5
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • HR Certification Institute 1.5
     
  • This E-Learning program has been approved for 1.5 (General) recertification credit hours toward aPHR(TM), aPHRi(TM), PHR®, PHRca®, SPHR®, GPHR®, PHRi(TM) and SPHRi(TM)recertification through HR Certification Institute® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
     
  • SHRM 1.25
     
  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.25 PDC(s) for the SHRM-CP or SHRM-SCP.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

  • Those applying for AIA and HRCI must view 100% of the program and answer the questions following the program.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

W. Matthew Wayne

W. Matthew Wayne

Copeland, Stair, Kingma & Lovell

  • Associate at Copeland, Stair, Kingma & Lovell
  • Board Member, Chattanooga Bar Association (Young Lawyers Division)
  • Committee Member, Federal Bar Association (Chattanooga Chapter)
  • Successful dismissal of two federal lawsuits in the Fifth Circuit concerning allegations of discrimination in hiring and job postings under Title VII and Section 1981 of the Civil Rights Act for large security corporation
  • Defended local employer against allegations of gender discrimination as to hiring and onboarding practices, resulting in favorable settlement
  • Advisement to large equipment manufacturer, successfully avoiding litigation arising from disparate treatment of job applicants
  • Successfully navigated complex immigration-related hiring issues for multistate employer facing governmental audit
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

All of your training, right here at Lorman

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

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  • State Specific Credit Tracker
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Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 408187
Published 2021
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