Hiring Employees FAQ

Questions:

• What laws must I follow when hiring new employees?
• When I hire someone, do I have to use a written employment contract?
• Do any special rules apply if I'm hiring a teenager?
• Can I take an applicant's disability into account when I'm hiring?
• Can I ask where an applicant was born or whether he or she is a U.S. citizen?
• I want to know whether applicants have ever been fired or stolen from a prior employer -- can I require them to take a lie detector test?
• What should I do before hiring my first employee?
• What first-day paperwork requirements do I need to handle with new employees?
• How far can I go in running background checks?
• What is a job description?
• Can I check an applicant's credit report?

Answer:

Can I take an applicant's disability into account when I'm hiring?

Only if the applicant's disability makes him or her unable to perform an essential function of the job. For example, you can refuse to hire someone who is unable to lift things if one of the essential functions of the job is heavy lifting. However, the Americans with Disabilities Act (ADA) puts limits on what and how you can ask applicants about disabilities before you make a job offer. For more about complying with the ADA when interviewing and hiring, see Nolo's article Avoid Disability Discrimination When Hiring New Employees.