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Index of Legal Articles

Legal information is provided as a resource and should not be construed as legal advice for any particular situation*. NACE is not able to give advice about specific legal issues regarding situations particular to your organizations, nor answer questions from students or alumni. For specific legal advice, please contact your organization's legal counsel.

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AFFIRMATIVE ACTION
A guide to affirmative action
Affirmative action is not a quota system
Affirmative action decision sets the stage for U.S. Supreme Court review
Affirmative action programs targeted to women and minorities
College Admissions Policies Under Fire in Georgia Court
College Nondiscrimination Statement
Confusion Rules in Admissions Policies Cases
Court Strikes Down Affirmative Action Recruitment Programs
EEO Guidance on Avoiding Discrimination
EEOC Offers Employers New Guidance on Avoiding Race and Color Discrimination
Employer Nondiscrimination Statement
Evidence of past discrimination needed for preferential hiring
Federal Definition of “Applicant” Remains Unchanged
Federal requirements regarding affirmative action plans
'Job Testers' May Sue Employers for Job Discrimination
The Legal Issues Surrounding Diversity Recruiting
OFCCP Gives Federal Contractors Self-Audit Tools
Recent Supreme Court Decisions on Affirmative Action
Stay Within the Law While Building a Diverse Work Force
Subjective interviewing techniques do not violate EEO laws
Supreme Court allows the use of affirmative action in college admissions
Voluntary affirmative action

AGREEMENTS

  • Arbitration

  • Arbitration Agreements Are Enforceable Under Federal Law
    Arbitration Agreement Held Unenforceable
    Arbitration agreements save time and money
    Court rules one-sided mandatory arbitration agreements are invalid
    Employers can't force arbitration in job discrimination claims

  • Hold harmless

  • Employers, colleges shift liability with hold harmless agreements
    Sample hold harmless agreements from Jobplace members

  • Noncompete
    Nondisclosure and Noncompete Agreements
    Noncompete Agreements Must Target Employer's Interests in Customers, Trade Secrets
    Some companies require noncompete contracts

  • Preemployment

  • Employers ask new hires to sign preemployment agreements
    Thorough, Objective Exams Important to Avoid Lawsuits Under ADA

    ALCOHOL POLICY
    Does alcohol have a place in recruiting?
    Principles for Professional Conduct
    Principles for Professional Conduct: Annotated Version
    Alcohol Policy Letter (online form)

    AMERICANS WITH DISABILITIES ACT
    ADA definition of qualified individual
    Disclosure of a Disability in a Job Interview
    EEOC Issues New Guidelines on Disability-Related Questions
    Employer responsibilities under the ADA
    Ensure access to your web site
    Explore options for ADA accommodations
    Federal Agencies Must Comply With ADA
    The Impact of the Americans With Disabilities Act on Recruiting and Selection Practices
    An Overview of EEO and Nondiscrimination
    Preemployment Inquiries—Disability
    Review of ADA compliance issues
    Review of EEOC guide to reasonable accommodations
    Senate Votes to Prohibit Genetic Discrimination
    Supreme Court Gives State Employers Limited Immunity From ADA
    Temporary Staffing Firms, Clients Have Obligations Under ADA
    Thorough, Objective Exams Important to Avoid Lawsuits Under ADA
    Treat applicants as individuals when considering ADA issues
    U.S. Supreme Court limits reach of ADA
    U.S. Supreme Court Narrows Reach of Disability Law

    CO-OP PROGRAMS/INTERNSHIPS (see internships)

    COPYRIGHT
    Before Copying a Published Article…Read This Article
    Comply With Copyright Laws When Building Your Web Site
    Copyright, the Internet, and what constitutes fair use of copyrighted materials
    Copyright, trademarks, and electronic publications
    You are not alone: Beware of what you say on the Internet

    DISCRIMINATION
    Age discrimination claims-final regulations from EEOC
    Childbirth at critical time is legitimate reason for termination
    College Admissions Policies Under Fire in Georgia Court
    Court Affirms Boy Scouts' Refusal of Gay Scout Masters
    Court Defines "Employee" in Sexual Harassment Case
    Court Holds That Volunteer Position May Qualify as "Employment"
    Court Strikes Down Affirmative Action Recruitment Programs
    EEO Guidance on Avoiding Discrimination
    EEOC Issues Guidelines on Compensation Discrimination
    EEOC Offers Employers New Guidance on Avoiding Race and Color Discrimination
    Evidence of past discrimination needed for racial preference
    Factors to consider before terminating an employee
    Genetic Discrimination in the Workplace
    Genetic Discrimination Prohibited for Federal Government and Agencies
    Failure to adhere to hiring procedures and requirements can cause problems
    Federal requirements regarding affirmative action plans
    Interviewing International Students
    Job Instability, Poor Interview Skills Negate Claim of Age Discrimination
    'Job Testers' May Sue Employers for Job Discrimination
    A legal guide for hiring contingent workers
    Legal Issues Surrounding Discrimination
    The Legal Issues Surrounding Diversity Recruiting
    New EEOC Web Page Updates Guidance on National Origin Discrimination
    Preemployment Inquiries and the Hiring Process
    An Overview of EEO and Nondiscrimination
    Recent Supreme Court Decisions on Affirmative Action
    References and Referrals
    Reporting employment data to federal government
    Religion as an employment qualifier
    Senate Votes to Prohibit Genetic Discrimination
    Stay Within the Law While Building a Diverse Work Force
    Solomon Amendment Upheld: U.S. Supreme Court Says Colleges Must Allow Military Recruiters Access to Students (March 2006)
    Supreme Court Gives State Employers Limited Immunity From ADA
    Temporary Staffing Firms, Clients Have Obligations Under ADA
    Thorough, Objective Exams Important to Avoid Lawsuits Under ADA
    USERRA Protects Military Personnel From Employment Discrimination

    ELECTRONIC

  • E-mail
    Comply With Copyright Laws When Building Your Web Site
    Employer liable for online harassment
    You are not alone: Beware of what you say on the Internet

  • Internet

  • Who Is an Applicant? Department of Labor Issues Final Regulation on Recordkeeping for Internet Applicants
    Copyright, the Internet, and what constitutes fair use of copyrighted materials
    Comply With Copyright Laws When Building Your Web Site
    Defining "Applicant" for Electronic Recruiting Purposes
    Department of Education Issues Final Regulations on Electronic Signatures/FERPA
    Department of Education to Issue Final Regulations on Electronic Signatures and FERPA
    Ensure access to your web site
    Federal Agency Recommends Data Privacy Policies for Web Sites
    Online signatures given legal validity
    Self-regulation doesn't protect consumer's online privacy
    Web site legal notices: what do they mean?
    What are an employer's legal obligations and liabilities in recruiting via the Internet?
    What is the new OFCCP rule on Internet applicants?
    What laws apply to protecting the privacy of job seekers' personal information?

    EQUAL EMPLOYMENT OPPORTUNITY
    College Nondiscrimination Statement
    Court Strikes Down Affirmative Action Recruitment Programs
    EEO Guidance on Avoiding Discrimination
    EEOC guidelines for temporary staff
    EEOC Issues New Guidelines on Disability-Related Questions
    EEOC Offers Employers New Guidance on Avoiding Race and Color Discrimination
    Employer Nondiscrimination Statement
    Evidence of past discrimination needed for racial preference
    Factors to consider before terminating an employee
    New Regulations to the Fair Labor Standards Act Seek To Bring Blurred Line Into Focus
    Federal Definition of “Applicant” Remains Unchanged
    Federal requirements regarding affirmative action plans
    Genetic Discrimination Prohibited for Federal Government and Agencies
    Handling Improper Interview Questions
    The Impact of the Americans With Disabilities Act on Recruiting and Selection Practices
    A legal guide for hiring contingent workers
    Legal Issues Surrounding Discrimination
    The Legal Issues Surrounding Diversity Recruiting
    New EEOC Web Page Updates Guidance on National Origin Discrimination
    OFCCP Gives Federal Contractors Self-Audit Tools
    An Overview of EEO and Nondiscrimination
    Preemployment Inquiries and the Hiring Process
    Programs targeted to women and minorities
    Reporting EEO employment data to federal government
    Recent Supreme Court Decisions on Affirmative Action
    Religion as an employment qualifier
    Senate Votes to Prohibit Genetic Discrimination
    Stay Within the Law While Building a Diverse Work Force
    Subjective techniques do not violate EEO laws
    Supreme Court Gives State Employers Limited Immunity From ADA
    Temporary Staffing Firms, Clients Have Obligations Under ADA
    Thorough, Objective Exams Important to Avoid Lawsuits Under ADA

    ETHICS
    Commercialization of Career Services: Curse or Blessing?
    Does alcohol have a place in recruiting
    Employers Are Obligated to Accurately Represent Themselves
    Exploding offers position paper
    A Faculty Guide to Ethical and Legal Standards in Student Hiring
    Playing the hiring game: The ethics of offers and acceptances
    Playing Fair: The student's guide to an ethical job search
    A Position Statement on Rescinded and Deferred Employment Offers
    Principles for Professional Conduct
    Review of offers/acceptances
    What to Say to a Firm Offering Third-Party Alumni Career Services

    FAMILY EDUCATION AND PRIVACY ACT (FERPA)
    Department of Education Issues Final Regulations on Electronic Signatures/FERPA
    Department of Education to Issue Final Regulations on Electronic Signatures and FERPA
    A FERPA Primer
    Online signatures given legal validity
    School Violated FERPA in Sexual Assault Case
    Supreme Court Decisions Address FERPA

    FORMS AND SAMPLES
    Alcohol policy letter
    College and University Interview Form
    College Nondiscrimination Statement
    Employer Nondiscrimination Statement
    Employer Reference Letter
    Faculty Reference Letter
    Family Education Rights and Privacy Act of 1974 (FERPA) Consent to Disclose (online form)
    Form for recommendations
    Reporting job offers (employer information kit)
    Waiver of Rights to Inspect References (online form)

    GENERAL REVIEW OF LEGAL ISSUES
    Legal Issues Concerning Career Services and Recruiting Professionals (2005)
    Legal Review for Career Services (2000)
    A Legal Review for Career Services Professionals (2005)
    Legal Review for On-Campus Recruiting (2000)
    A Legal Review for Recruiting Professionals (2005)
    Methods Change: Laws Stay the Same (2005)
    An Overview of EEO and Nondiscrimination
    References and Referrals (2006)
    A Review of Legal Issues for Employers (2003)
    A Round Up of Questions From the NACE Legal Center (2007)
    The Flexible Workplace: What Colleges and Universities Need to Know to Educate Student Job Seekers and What Employers Need to Know to Minimize Their Legal Risk


  • Contingent Workers
    A legal guide for hiring contingent workers
    Temporary Staffing Firms, Clients Have Obligations Under ADA

  • Employee
    Court Defines "Employee" in Sexual Harassment Case
    Court Holds That Volunteer Position May Qualify as "Employment"
    Dealing With Difficult Employees
    Defining "Applicant" for Electronic Recruiting Purposes
    Exempt/nonexempt classifications
    How to Discharge an Employee Due to Misconduct or Poor Performance
    New Regulations to the Fair Labor Standards Acts
    New Regulations to the Fair Labor Standards Act Seek To Bring Blurred Line Into Focus
    Relationships Between Workers and Hiring Organizations
    What laws apply to protecting the privacy of job seekers' personal information?

  • Foreign/International Students
  • Issues regarding foreign students studying and working in the United States
    Interviewing and Hiring International Students



  • Interviews
  • Disclosure of a Disability in a Job Interview
    Employers Responsible for Training Staff in Employment Law

    Handling Improper Interview Questions
    Issues regarding foreign students studying and working in the United States
    Interviewing and Hiring International Students

    Job Instability, Poor Interview Skills Negate Claim of Age Discrimination
    Preemployment Inquiries and the Hiring Process
    Promises Made During Interview Don't Create Legally Binding Employment Relationship
    Subjective techniques do not violate EEO laws

  • Offers/Acceptances

  • Employers Are Obligated to Accurately Represent Themselves
    A Position Statement on Rescinded and Deferred Employment Offers
    Review of offers/acceptances
    Reporting employment data to federal government

  • Resume Fraud
    Vermont Court Rules for Employer in Resume Fraud Case
  • HARASSMENT

  • Sexual

  • Court Defines "Employee" in Sexual Harassment Case
    Department of Education Issues Sexual Harassment Guidelines for Schools
    Employer liable when supervisor harasses employee
    Employer liable for online harassment
    Same-sex harassment
    University not liable when employer harasses student
    U.S. Supreme Court clarifies sexual harassment issues

    INQUIRIES

  • Credit Checks

  • Credit checks subject to fair credit and reporting acts

  • Preemployment Inquiries
    Legal Considerations for Preemployment Testing and Background Investigations
    Legal Issues Surrounding Preemployment Inquiries and the Hiring Progess
    Medical exam results are confidential
    Medical history inquiries prohibited
    Preemployment Inquiries—Disability
    Preemployment Inquiries—Testing and Background Investigations
    Preemployment Inquiries and the Hiring Process
    Preemployment Inquiries: What (and what not) to Ask
    Privacy and medical exams
    Thorough, Objective Exams Important to Avoid Lawsuits Under ADA

    INTERNET (see electronic)

    INTERNSHIPS/CO-OP PROGRAMS

  • Agreements

  • Hold Harmless Agreements Shift Liability
    Legal Issues Surrounding Internships (Part I)
    Legal Issues Surrounding Internships (Part II)
    Legal Issues Surrounding Internships, Co-ops, and Volunteers
    Noncompete, nondisclosure agreements
    Employers, colleges shift liability with hold harmless agreements

  • Liability
    Schools must warn about dangerous job sites
    Court holds school liable for intern's injuries
    Hold Harmless Agreements Shift Liability
    Interns May Be Covered Under Workers' Compensation
  • Tips
    Tips for Employers on Starting an Internship Program
    Common questions about internships from career services professionals
    Common questions about internships from employers

  • Unemployment


  • Worker's comp

  • Who pays for workers' compensation?

  • Wages
    New Regulations to the Fair Labor Standards Acts
    Six criteria for learner/trainee who may be unpaid
    Unpaid student interns not "employee"
    When Is an Intern an Employee?
  • MILITARY RECRUITING
    Colleges that bar military lose federal funds (January 3, 1999)
    Colleges can bar military recruiters from campuses (November 29, 2004)
    Court Finds Enforcement of Solomon Amendment Violates Law Schools’ Free Speech (December 2004)
    Fair v. Rumsfeld: Military Recruiting on College Campuses
    Law protects military reservists' jobs
    Report: Justice Department to Ask Supreme Court to Strike Down Solomon Amendment Ruling
    Solomon Amendment Upheld: U.S. Supreme Court Says Colleges Must Allow Military Recruiters Access to Students (March 2006)
    U.S. Supreme Court to Consider Solomon Amendment Ruling (May 2005)
    USERRA Protects Military Personnel From Employment Discrimination (October 15, 2001)
    USERRA Protects Military Personnel From Employment Discrimination (April 7, 2003)

    RECORDS

  • Affirmative action statement

  • College Nondiscrimination Statement
    Employer Nondiscrimination Statement

  • Consent/Disclosure

  • FERPA Consent to Disclose (online form)
    A FERPA Primer
    What laws apply to protecting the privacy of job seekers' personal information?
    School Violated FERPA in Sexual Assault Case
    Supreme Court Decisions Address FERPA

    REFERENCES
    Court says references shouldn't mislead
    Employer Reference Letter
    Employers, References, and Criminal Conduct by Employees
    Faculty Reference Letter
    A Faculty Guide to Ethical and Legal Standards in Student Hiring
    A FERPA Primer
    How to Write Reference Letters
    References and Referrals
    School Violated FERPA in Sexual Assault Case
    Tips for Providing References
    Waiver of Rights to Inspect References (online form)
    What can a faculty member say or write?
    Writing a reference letter

    TESTS

  • Preemployment
    Employers use preemployment test as hiring tool
    Employment Testing and Selection Procedures: How to Detect and Avoid Potential Liability
    Legal Considerations for Preemployment Testing and Background Investigations
    Preemployment Drug Testing Is Still Relevant After Start Date

  • Credit
    Credit checks subject to fair credit and reporting acts

  • Drug/alcohol
    Employers must ensure drug tests done in professional manner

  • Medical
    Disclosure of a Disability in a Job Interview
    Genetic Discrimination in the Workplace
    Medical exam results are confidential
    Medical history inquiries prohibited
    Privacy and medical exams
    Senate Votes to Prohibit Genetic Discrimination

  • Psychological
    Do assessment tests predict behavior?

    THIRD-PARTY RECRUITERS
    Guess who is coming to campus
    A legal guide for hiring contingent workers
    Legal implications of third-party recruiters
    Student's Guide to Interviewing with Third-Party Recruiters
    What to Say to a Firm Offering Third-Party Alumni Career Services

    VISAS

  • General Information
    An employer's guide to student visas
    College and University Interview Form
    Employment verification for aliens
    Issues regarding foreign students studying and working in the United States
    Interviewing and Hiring International Students

    Interviewing International Students
    New Bill Proposes Increased Tracking of International Students
    New EEOC Web Page Updates Guidance on National Origin Discrimination
    Permanent Resident Green Cards
    Recent Regulations Have Impact on the Way Colleges Handle Foreign Students

  • F1
    Changing from a student visa to a temporary work visa
    International students and interviews
    Interviewing International Students


  • H-1B
    Availability of H-1B Visas Is Increased
    Bachelor’s Degree No Guarantee of H-1B Visa
    H-1B Specialty Occupation Visas
    Keys to Success in Employing Foreign Nationals
    Number of visas expanded, requirements added
    Permanent Resident Green Cards
    USCIS to Implement H-1B Visa Reform Act of 2004


    *NACE assumes no responsibility for and expressly disclaims all liability for the consequences resulting from the use of or reliance on information contained on NACEWeb.

     

    NACE is a proud founding member of International Network of Graduate Recruitment and Development Associations (INGRADA).
    NACE is a founding member of International Network of Graduate Recruitment and Development Associations (INGRADA).