Legal Issues Within The Hiring Process
It's a tough time to be attracting talent. Especially when the unemployment rate in some areas, verges on zero. And while companies are offering every imaginable enticement to gain new recruits, there is one crucial element they must remember. Developing an effective hiring process that complies with the multitude of laws and regulations is of the utmost importance. That's why the B2Secure Screening Interview process has been developed to avoid legal risks associated with pre-employment testing and particularly pre-employment integrity tests. Through the B2Secure system, clients can achieve their goals with the assurance they are utilizing services that comply with the most recent state and federal laws. The Civil Rights Act of 1991 makes it easier for individuals to successfully challenge the legality of pre-employment integrity tests, which may result in substantial liabilities for employers who use such tests. Pre-employment integrity tests have also been widely criticized in the professional community as not predicting workplace behavior. Given these developments, B2Secure was designed to provide employers assistance in screening applicants and existing employees, without running the legal risks associated with pre-employment tests.
Avoiding Discrimination in Hiring
Virtually all laws that prohibit discrimination in the workplace also prohibit discrimination within the hiring process. Employers need to be aware of applicable discrimination laws when screening new applicants to avoid the risk of discrimination claims. An employer must consider these laws when developing, implementing or utilizing a screening process. To help employers avoid the pitfalls the federal government has issued "Uniform Guidelines on Employee Section Procedures." These guidelines apply to tests and selection procedures used as a basis for any employment decision, not only hiring. A copy of these guidelines can be obtained from regional offices of the Equal Employment Opportunity Commission. B2Secure offers strong documentation that an employer was not negligent in the hiring process when utilizing our services.
Health & Safety
One of the chief concerns of both employers and employees is having a safe working environment. Safety is required by law and employers face tremendous risks by ignoring safety and health issues. The Occupational Safety and Health Act (OSHA), was enacted in 1970 to ensure "safe and healthful working conditions" for employees throughout the country. OSHA places a "general duty" on employers to furnish workers with a place of employment free of hazards to life or health. B2Secure offers employers specialized training services to help meet OSHA requirements from a licensed and certified OSHA consultant. By utilizing our services, employers can even qualify for one-year exemption from routine OSHA inspections.
Civil Rights
The Civil Rights Act of 1964 has historically had the most far-reaching impact in regulating fair employment practices. The Act includes Title VII, which prohibits employment discrimination on the basis of race, color, religion, sex, or national origin. The Civil Rights Act also established the Equal Employment Opportunity Commission (EEOC). The Civil Rights Act significantly amended this statute in 1991, which affects every major employer in the nation on a daily basis. B2Secure complies with both the Civil Rights Act and the American Disabilities Act, aimed at preventing discrimination based on disabilities.
Validity
All of B2Secure's products and services have been developed and validated by PH.D. - level psychologists, expert law enforcement and legal teams whose research is guided by the highest legal and professional standards. Their research documents demonstrate that B2Secure services are effective and adequate predictors of important work performance behaviors. B2Secure's interview process has been periodically scrutinized by the EEOC. Upon review of our services, B2Secure was found in compliance with all laws and regulations concerning applicant screening.
Privacy
B2Secure understands that privacy is a very important issue to its clients. That's why we have developed a very secure system that protects both the applicant and the employer. We do not ask applicants any questions regarding marital status, sexual orientation, religious beliefs, political views or organized labor sentiments. Furthermore, B2Secure does not share applicant information with other clients. Employers can access employee results, their account status and other information through a secure client administration page. A client is given a user name and password to access this information. This section is only available to the client and is not shared with any other company.
