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3 The Law — What You Need to Know

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Tami is 22 and has spent the past two months actively looking for a full-time job where she can put her recently acquired business degree to use. On two occasions, she has been involved in a one-to-one interview with a potential employer who preceded the serious questioning with a request for some background information. For example:

• “Are you married?”

• “Do you plan to marry?”

• “What about children?”

Denise works for her local municipality as a light equipment operator. Recently, a heavy equipment operator position was posted. As Denise was signing her name, a supervisor from the department with the job opening came up behind her. Chuckling, he patted her on the back. “What’s a little thing like you thinking of a position like this for, honey? We need a big, brawny man to handle this job.”

These two situations are fictitious, but this type of activity happens every day to thousands of people across the country. Aren’t these actions illegal? You bet. In your position as human resources manager or small-business owner, you had better be certain that your hiring practices don’t include this type of blatant discriminatory practice — or even less blatant, but equally illegal, discrimination.

Today it may seem that when it comes to hiring and firing, it’s the employees who have an edge. Not so. Business owners still have the right — and the responsibility — to hire the best person for the job. When someone doesn’t work out, they have the right — and the responsibility — to terminate the relationship. But along the way there are certain rules, regulations, and restrictions that every business owner needs to be aware of.

Employee Management for Small Business

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