Hiring New Employees In Massachusetts
Hiring qualified employees is crucial for any successful business. Likewise, prospective employees are equally invested in finding fulfilling jobs which provide fair wages. Over the years, the hiring process has become subject to many laws which regulate the actions of employers in interviewing and hiring new employees. In this series of articles, we will discuss many of the issues that commonly arise when hiring new employees in Massachusetts. While searching for new employees, businesses and organizations may post advertisements for open positions requiring that applicants meet certain reasonable qualifications. However, throughout the hiring process, employers must keep in mind that they must maintain a hiring process that is non-discriminatory. Under Massachusetts law, it is unlawful to discriminate against applicants based upon their membership in a protected class. In Massachusetts, these protected classes include: race, color, religious creed, national origin, sex, age (over 40), gender identity, sexual orientation, genetic information, ancestry and military service. Individuals with disabilities are also protected under state and federal law as long as the applicant is “qualified” for the position. When engaging in the hiring process, employers must beware of the limitations imposed by state and federal law about the types of questions that can be asked during the interview process. Please follow this link for more information about permissible interview questions. In addition to adhering to anti-discrimination policies, employers must also be cognizant of policies regarding pre-employment testing and background checks. Many of these hiring tools are only available at certain stages of the hiring process, or to employers in certain types of industries. For more information about the legal rules governing the hiring process in Massachusetts, please contact an experienced employment attorney in our office and we would be happy to assist you. For more information, please contact us at 781-930-3127. Notice: JavaScript is required for this content.
Read MoreQualified Individuals with Disabilities are Entitled to Reasonable Accommodations at Work
In our last article, we discussed certain protections disabled individuals are entitled to in the hiring process. As we mentioned, under both federal and state law an employer cannot refuse to hire a qualified person who is disabled so long as the person is capable of performing the essential functions of the job with or without reasonable accommodations. But what does it mean to be a “qualified individual” or require a “reasonable accommodation”? These are legal terms of art that we will explain in greater detail below. Qualification: In order to be protected under federal and state discrimination laws in an employment context, a person with a disability/handicap must be “qualified” for the position they are applying for. This means that an applicant must be capable of performing the essential functions of the position with or without reasonable accommodations. Job descriptions often contain information about which functions an employer deems essential, which can help applicants determine which positions they might be qualified for. In determining which functions of a job are essential, and which are merely marginal, an employer might consider: The main objective of the position. If there are other employees who can perform some of the duties. If the function is highly technical or specialized. The amount of on-the-job training associated with the function. What is a Reasonable Accommodation? A reasonable accommodation can be any accommodation that helps an applicant or employee fulfill the job requirements without imposing an undue hardship on the employer. If an applicant needs an accommodation to perform the essential duties of the position there are several different types of accommodations that may be available to them: 1. A change in the physical workspace. Examples: installing ramps, changing the lighting, adding heat or air conditioning, etc. 2. Modification of the job requirements. Example: assigning non-essential tasks to another employee. 3. Allowing the employee to perform a task in a different way. Examples: standing instead of sitting, use of a computer instead of handwriting, etc. 4. Adapting the schedule. Examples: part-time schedule, frequent breaks, late start, etc. It is important to note that job applicants do not have to disclose a disability or history of disability to an employer. However, in order to receive a reasonable accommodation, disclosure and documentation of the disability are often necessary. If you have specific questions about employment law or disability discrimination in the hiring process, please contact us for further information. For more information, please contact us at 781-930-3127. Notice: JavaScript is required for this content.
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