Privacy, Business and Law

Before advertising or recruiting for a position, determine the specific duties and responsibilities for the position. Drafting job descriptions pursuant to ADA requirements will help this process. From the job description, determine the required qualifications for the position, including any physical requirements, and determine what physical requirements, if any, should be evaluated by a physician.

From a risk management perspective, a company should carefully scrutinize advertising and recruiting activities to ensure that the company presents itself as being nondiscriminatory. Advertisements should promote the company’s commitment to equal opportunity and should never contain reference to gender, race, religion, age, or family status. Contracts with employment agencies must be in writing, must make clear that individuals will be referred without regard to sex, age, race, etc., and must reaffirm the company’s commitment to fulfilling its Equal Employment Opportunity obligations. If the company contracts with government agencies, sending notice of job openings to minority groups is always a good practice.