Part 1

Question 1

Name the 18 protected categories

Answer 1

race, color, national origin, ancestry, sex/gender, gender identity, gender expression, sexual orientation, pregnancy, genetic information, marital status, age (40 and over), religion, physical & mental disability, medical condition, military & veteran status, citizen, whistleblower

Question 2

What are the legal objectives of hiring?

Answer 2

avoiding negligent claims by employees and by 3rd parties; avoiding discrimination claims

Question 3

What is negligent hiring and how do you avoid it?

Answer 3

Negligent hiring is when an employer hires someone that they should have known not to hire; it can be avoiding by doing background checks (legal applicability dependent on job) and contacting references.

Question 4

What is discriminatory hiring and how do you avoid it?

Answer 4

Discriminatory hiring is treating someone differently with respect to hiring based on a protected category. You can avoid it by not specifying any basis for hiring that falls under a protected category and being careful that your questions in the interview may not be construed as eliminating someone due to a protected category.

Question 5

What are yellow flags in an application?

Answer 5

P.O. Box listed as address (may not live nearby); no info/see resume (incompletely filling resume out) gaps of employment; reasons for leaving (did the person fail to take responsibility for the job).