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The Hiring Process

Learn about some legal aspects of the hiring process, including preemployment testing, background checks, and potential tort liability for hiring employees or providing references.


In this lesson, we’ll discuss hiring.

I.               Medical Testing

Let’s start with preemployment medical testing, which the federal Americans with Disabilities Act regulates. The general rule is that an employer can’t conduct prehire medical examinations, ask applicants whether they have a disability, or inquire about the nature of any disability. Nonetheless, an employer can ask applicants whether they can perform...