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The Hiring Process

Applicants for employment positions have rights whether or not they become employees. Under federal law, it is illegal for an employer to discriminate in its hiring process based on race, national origin, gender, pregnancy, age, disability or religion. State and local laws may specify additional protected classes based on categories such as sexual orientation. Employers must abide by anti-discrimination laws at each stage of the hiring process, from placing the ad to interviewing and the final selection of the candidate. There are few exceptions to these rules, but an employer may discriminate on some bases if a bona fide occupational qualification (BFOQ) exists. A BFOQ can be based on a reasonable and necessary job requirement, but this is a narrow exception. If you are concerned about discrimination in hiring, contact Farber Legal, LLC in Bethesda, MD, today to schedule a consultation with an employment law attorney to discuss your situation.

Employer Interview Questions

Generally, employers should avoid asking questions that relate to the classes protected by discrimination laws. The following examples are the types of queries that are illegal for prospective employers to ask:

  • Whether the applicant has children or intends to have children
  • Applicant's marital status
  • Applicant's race
  • Applicant's religion
  • Applicant's age (other than inquiring whether over age of 18)
  • Whether applicant has a disability
  • Applicant's citizenship status
  • Questions about whether the applicant has ever had a drug or alcohol problem

An applicant may raise questions related to these areas during a job interview. If so, the employer may discuss these topics to the extent necessary to answer the applicant's questions.

Hiring Process

Whenever an employer seeks to hire a new employee, the employer should take a number of steps before that new employee begins work:

  • Obtain the employee's Social Security number or IRS Individual Taxpayer Identification Number (ITIN)
  • Have the employee fill out a W-4 form for income tax withholding
  • Ensure that Occupational Safety & Health Administration (OSHA) regulations are being followed
  • Arrange to pay relevant federal and state unemployment compensation taxes
  • Arrange to pay Social Security and Medicare taxes for the employee
  • Ensure that workers' compensation insurance covers the new employee
  • Ensure that required labor notices are posted in the workplace as required by the Department of Labor (DOL)
  • Assist new employee with registration for employee benefits

When an employer hires a new employee, the employer should be careful to avoid making promises to the employee that it may not be able to keep. Such false statements or promises on behalf of the employer may result in breach of contract. An employer should be careful not to exaggerate the security of the job or the prospects of the business. A promise that stock options will be worth a given amount, that the employee has a job for life or that employee will receive significant pay increases may result in an implied contract. If these promises are not kept, the employer may be responsible to the employee for damages the employee incurred in relying on the employer's promise.

Speak to an Employment Law Attorney

An employer must be careful not to discriminate against an applicant on illegal grounds and must use caution in making promises to employees. If you have any questions about these issues, Farber Legal, LLC in Bethesda, MD, can help. Call today to schedule a consultation with an employment lawyer.

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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

MINDY G. FARBER RATED AS AV WITH MARTINDALE HUBBELL

Occasionally Martindale-Hubbell, the premier rater of attorneys in the United States, reevaluates attorneys who have been in practice for a number of years. Ms. Farber is proud to announce that on the basis of Martindale Hubbell’s confidential surveying of attorneys in her field as well as other practicing attorneys, Ms. Farber has received the very highest positive rating.

AV rated
Preeminent TM
Meets Very High Criteria of General Ethical Standards? Yes
AV
Overall Peer Rating
in Labor and Employment, Consumer Law and Litigation

Posted by a Private Practice Lawyer on 07/13/15 5.0 out of 5.0

Ms. Farber is an excellent attorney and a very compassionate human being. That is why for quite a number of years, I have referred my client's employee claim matters to her and no one else. She has always represented them in a first class fashion and I have never heard one complaint. I highly recommend her for the highest rating possible.

Hello Mindy

Thank you very much for your guidance. The letter with our changes was approved and signed
Thank you VERY much for your straightforward, professional guidance and kindness and understanding in what was
a pretty surprising situation. With this behind me, however, I am moving forward, . Best of luck and thank you again for your expertise!

Lu Steele Bethesda, MD

 

Hi Mindy,
I am retiring on April 3rd, so I don't have too many days left! I will miss working with you as you are one of the finest attorneys I have ever dealt with during my 40 year (Federal) career.

- Lori Suto Goldsby, Head of Mediation Services, U.S. Nuclear Regulatory Commission

 

“First and foremost, I want to thank you very much for all of your help with my case. As you know, you came recommended through a friend whose cousin works at the Montgomery County Police Department. I was aware of your reputation, but having experienced it personally, I can say I am extremely impressed.”

- M. Brown Washington, DC

 

Dear Ms. Farber,
It was a pleasure speaking with you on Wednesday, July 2, 2014. I have had a career in law enforcement, over 38 years' experience as a private investigator, and I am currently employed as a Federal EEO Investigator. Never before have I had the pleasure of an attorney putting forth the effort that you have displayed in returning my phone call, and establishing a relationship that causes me to look forward to our continued professional communications. Your extensive 38 years' experience and accomplishments certainly have not dimmed your enthusiasm, and I appreciate it.

- Sincerely,
Robert A. Bolton, EEO Investigator, Office of Resolution Management, La Plata, MD 20646

 

Hi Mindy,
I am retiring on April 3rd, so I don't have too many days left! I will miss working with you as you are one of the finest attorneys I have ever dealt with during my 40 year (Federal) career.

- Lori Suto Goldsby, Head of Mediation Services, U.S. Nuclear Regulatory Commission

 

“First and foremost, I want to thank you very much for all of your help with my case. As you know, you came recommended through a friend whose cousin works at the Montgomery County Police Department. I was aware of your reputation, but having experienced it personally, I can say I am extremely impressed.”

- M. Brown Washington, DC

 

Dear Ms. Farber,
It was a pleasure speaking with you on Wednesday, July 2, 2014. I have had a career in law enforcement, over 38 years' experience as a private investigator, and I am currently employed as a Federal EEO Investigator. Never before have I had the pleasure of an attorney putting forth the effort that you have displayed in returning my phone call, and establishing a relationship that causes me to look forward to our continued professional communications. Your extensive 38 years' experience and accomplishments certainly have not dimmed your enthusiasm, and I appreciate it.

- Sincerely,
Robert A. Bolton, EEO Investigator, Office of Resolution Management, La Plata, MD 20646

 

Hi Mindy,
I am retiring on April 3rd, so I don't have too many days left! I will miss working with you as you are one of the finest attorneys I have ever dealt with during my 40 year (Federal) career.

- Lori Suto Goldsby, Head of Mediation Services, U.S. Nuclear Regulatory Commission

 

“First and foremost, I want to thank you very much for all of your help with my case. As you know, you came recommended through a friend whose cousin works at the Montgomery County Police Department. I was aware of your reputation, but having experienced it personally, I can say I am extremely impressed.”

- M. Brown Washington, DC

 

Dear Ms. Farber,
It was a pleasure speaking with you on Wednesday, July 2, 2014. I have had a career in law enforcement, over 38 years' experience as a private investigator, and I am currently employed as a Federal EEO Investigator. Never before have I had the pleasure of an attorney putting forth the effort that you have displayed in returning my phone call, and establishing a relationship that causes me to look forward to our continued professional communications. Your extensive 38 years' experience and accomplishments certainly have not dimmed your enthusiasm, and I appreciate it.

- Sincerely,
Robert A. Bolton, EEO Investigator, Office of Resolution Management, La Plata, MD 20646

 

Hi Mindy,
I am retiring on April 3rd, so I don't have too many days left! I will miss working with you as you are one of the finest attorneys I have ever dealt with during my 40 year (Federal) career.

- Lori Suto Goldsby, Head of Mediation Services, U.S. Nuclear Regulatory Commission

 

“First and foremost, I want to thank you very much for all of your help with my case. As you know, you came recommended through a friend whose cousin works at the Montgomery County Police Department. I was aware of your reputation, but having experienced it personally, I can say I am extremely impressed.”

- M. Brown Washington, DC

 

Dear Ms. Farber,
It was a pleasure speaking with you on Wednesday, July 2, 2014. I have had a career in law enforcement, over 38 years' experience as a private investigator, and I am currently employed as a Federal EEO Investigator. Never before have I had the pleasure of an attorney putting forth the effort that you have displayed in returning my phone call, and establishing a relationship that causes me to look forward to our continued professional communications. Your extensive 38 years' experience and accomplishments certainly have not dimmed your enthusiasm, and I appreciate it.

- Sincerely,
Robert A. Bolton, EEO Investigator, Office of Resolution Management, La Plata, MD 20646

 

Hi Mindy,
I am retiring on April 3rd, so I don't have too many days left! I will miss working with you as you are one of the finest attorneys I have ever dealt with during my 40 year (Federal) career.

- Lori Suto Goldsby, Head of Mediation Services, U.S. Nuclear Regulatory Commission

 

“First and foremost, I want to thank you very much for all of your help with my case. As you know, you came recommended through a friend whose cousin works at the Montgomery County Police Department. I was aware of your reputation, but having experienced it personally, I can say I am extremely impressed.”

- M. Brown Washington, DC

 

Dear Ms. Farber,
It was a pleasure speaking with you on Wednesday, July 2, 2014. I have had a career in law enforcement, over 38 years' experience as a private investigator, and I am currently employed as a Federal EEO Investigator. Never before have I had the pleasure of an attorney putting forth the effort that you have displayed in returning my phone call, and establishing a relationship that causes me to look forward to our continued professional communications. Your extensive 38 years' experience and accomplishments certainly have not dimmed your enthusiasm, and I appreciate it.

- Sincerely,
Robert A. Bolton, EEO Investigator, Office of Resolution Management, La Plata, MD 20646

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