As the world rolls forward, many HR executives are predicting something like a hiring frenzy. Those who had to furlough employees may need to hire people back quickly. Additional demand could mean increasing the number of hands on deck.
With many positions having shifted to remote work, you may be wondering about hiring workers located in new locations. You could also be eyeing those expansion plans you had to put on hold.
One of the places you may be planning to hire is the US. Like any new jurisdiction, you must be aware of the nuances in hiring. This guide can help you navigate those nuances with more ease.
Understand Federal and State Law around Discrimination
The US federal government doesn’t have a single law that sets out anti-discrimination rules for employers. There are several laws that work together to protect job candidates during the hiring process and in the workplace afterwards.
Under Title VII of the Civil Rights Act, employers are prohibited from discriminating against employees and job candidates in several areas. Race, color, religion, sex, national origin, gender identification and more are all protected statuses.
Recently, the Supreme Court of the United States extended the interpretation of Title VII. In the landmark ruling, the court argued that persons of LGBTQ+ status were protected from discrimination under Title VII, as an extension of “sex.”
The Pregnancy Discrimination Act of 1978 amended Title VII to include discrimination around pregnancy, childbirth, and related medical conditions. The Age Discrimination in Employment Act, or ADEA, prohibits discrimination on the basis of age, such as requiring mandatory retirement.
There are several other federal acts pertaining to discrimination in hiring and employment, which you should also be familiar with.
Examine Relevant State Laws
The next step is to understand state laws around employment and hiring practices. Many states have laws that go further than the federal rules. You’ll want to review the laws in the states you operate in. Some areas might have local laws that will be relevant as well.
Review Your Hiring Process
Once you’re aware of your responsibilities as an employer, review your hiring process. You may want to revise certain questions or make changes to the processes to give more consideration to candidates of diverse backgrounds.
You might consider expanding how you search for candidates. If you only ask people in your network, you’re likely to find people who are similar to those you already employ. That could limit your ability to create a more diverse and inclusive organization.
Check for Hidden Bias
Bias often plays into the hiring process, even when good processes and practices are in place. Have your interviewers and hiring team undergo special training to help them overcome internal bias. Adding diverse voices to your panel of reviewers can also help to mitigate bias.
Review Your Obligations for New Hires
In the US, you’ll need to collect and submit certain information to the IRS and other federal agencies within a certain number of days. When you hire someone, you’ll have to file the paperwork, usually before they begin working for you.
You’ll also want to be sure you understand your obligations to them as an employer. You should check that you’ve classified your hires correctly. Employees are sometimes misclassified as contractors. For example, California law extends many employment benefits to contractors.
Team up with an Expert Partner
Finally, you can always look for a knowledgeable partner to help you manage hiring and employment in the US. The intersection of state and federal law can be tricky to navigate, and you don’t want to hire the wrong way.
A third-party provider could also assist you in finding the right people for your team, since they can leverage their expert knowledge to stay on top of trends.
Hiring in the US doesn’t need to be difficult. With the right help, you’ll get the right people on your team every time.