Volume 1 • Issue 1

Employee Referrals: Proceed with Caution

If you are like many governmental managers, you are finding it difficult to find reliable and conscientious workers. You may have tried several sources without much success. Another possibility is to turn to your current employees – those workers who have already proved themselves over time – for assistance.

Action idea: Post a notice on the bulletin board or Web site encouraging your employees to refer potential candidates for positions within your organization. The inducement can be a cash award or some other incentive such as extra vacation days. By using this strategy, you may find your existing workforce to be a valuable resource for new job candidates.

However, don't go overboard with this technique. Make sure you observe all the legal formalities in this area. For instance, if the odds are stacked too heavily in favor of one group within your organization, you run the risk of a discrimination lawsuit. That was the issue presented in a recent case.

Facts of the case: The Equal Employment Opportunity Commission (EEOC) filed a complaint against an employer located in Illinois. The complaint alleged that the company denied employment to African-American applicants and that women were relegated to the lowest-paying jobs.

The employer had relied almost exclusively on job referrals from its workforce, which consisted mainly of men of Eastern European background. It also physically segregated the employment applicants of women and considered them only for packing line jobs. The salary increases for those jobs were historically lower than the raises paid to workers in other unskilled jobs.

Result: Ultimately, the employer recognized the error of its ways. It ended up paying $2.5 million to approximately 300 claimants and revamping its hiring practices.

Although this case involved a company in the for-profit sector, the same principles apply to governmentals. With that in mind, here are several suggestions that may help you defuse any future problems.

These simple precautions can be a significant benefit if your hiring practices come under examination.

Action idea: Whenever you are in doubt, consult with your business advisers, including legal counsel, for the implementation of nondiscriminatory hiring practices.

At Lewis, Hooper & Dick, LLC, we offer comprehensive services in human resources. Please contact David Lunzmann at (620) 275-9267.

To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or tax related matter.

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