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Lesson 03: Legal Aspects of Recruiting, Hiring, and Promotion

L03 Introduction

In the previous lesson, we looked at bases for what comprises an employment relationship. In this lesson, we review how employment relationships begin as part of a study that will take us to problems that arise during employment – from the perspectives of both the employee and the employer – to an eventual review of how the relationship ends.

Though much has been written about a so-called great resignation from the workplace, not as much attention has been accorded the inevitable rebound. Work is a significant part of most lives. People start jobs or businesses with expectations, hopes and goals. Some careers go smoothly. Some do not. 

No matter how the trajectory develops, finding a job requires knowledge that one is available. Forms of notice include word-of-mouth, internal postings, online sites, professional publications, headhunters, newspapers, social media, college placement services, job fairs, employment agencies, union hiring halls, bulletin boards, and the low-tech sign in a window that reads: HELP WANTED – APPLY WITHIN. Whether the position is available at IBM, GM, the Department of Veterans Affairs, or a 2-person diner, formation of the relationship between an employer and an employee requires notice that a position is available; from the employer, and an indication of interest; an application, from a prospective employee.

Despite good intentions on the part of most, all methods of recruitment have the potential to be what the text refers to as “an instrument of discrimination.” There are employers whose intent is to discriminate, even pre-employment.  This lesson deals with the efforts to link applicants with an available position and the pitfalls that can be encountered using some methods despite no intent to discriminate. Let’s first look at various recruitment methods that can be used to get in touch with applicants.

 


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