Legal & Ethical Issues
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.
- Overview of Legal Issues
- Affirmative Action
- Legal Issues for Colleges
- Legal Issues in Electronic Communications
- Legal Issues in Experiential Education
- Legal Issues in Recruitment, Selection, and Placement
- Legal Issues Regarding International Students
- Legal Issues in the Workplace
- Ethical Issues
Overview of Legal Issues
- Issues Regarding Counseling and Recruiting College Students and Graduates
- Legal Issues: The Legal and Ethical Concerns of Rescinding Job Offers and Reneging on Job Offers
- Legal Issues Surrounding Diversity Recruiting
- Preemployment Background Checks and I-9 Forms: The Dos and Don'ts (2008 Annual Conference workshop)
- A Round Up of Questions From the NACE Legal Center
- Updates for Career Services and Recruiting Professionals
- When an Employer Reneges on a Job Offer, Does a Student Have Legal Recourse?
Affirmative Action
- Affirmative Action in Admissions and Hiring
- Affirmative Action Is Not a Quota System
- Affirmative Action Programs Targeted to Women and Minorities
- Confusion Rules in Admissions Policies Cases
- Court Strikes Down Affirmative Action Recruitment Programs
- Evidence of Past Discrimination Needed to Use Racial Preferences in Hiring
- Federal Requirements Regarding Affirmative Action Plans
- A Guide to Affirmative Action
- OFCCP Gives Federal Contractors Self-Audit Tools
Legal Issues for Colleges
- Department of Education Issues Sexual Harassment Guidelines for Schools
- FERPA Primer: The Basics and Beyond
- Internship Opportunities Exclusively for Minority Students
- The Legal Issues Surrounding Career Services Prescreening Applicants for Interviews
- President Bush Signs 2008 College Opportunity and Affordabiity Act Into Law
- Sample: Family Education Rights and Privacy Act of 1974 (FERPA) Consent to Disclose
- Sample: Waiver of Rights to Inspect References
- School Violated FERPA in Sexual Harassment Case
- University Not Liable When Employer Harasses Student
Legal Issues in Electronic Communications
- The Electronic Signature Law
- Online Legal Notices and Copyright Information
- You Are Not Alone: Beware of What You Say on the Internet
Legal Issues in Experiential Education
- Can Interns File for Unemployment Once Their Internship Ends?
- Common Questions About Internships (College)
- Common Questions About Internships (Employer)
- Court Decides School Is Liable for Intern’s Injuries
- Hold Harmless Agreements (Principles Committee White Paper)
- Hold Harmless Agreements Shift Liability
- Interns May Be Covered Under Workers’ Compensation
- Is It Appropriate for a Company to Require the Student to Pay a Fee With an Internship Application?
- Legal Issues Surrounding Internships, Co-ops, and Volunteers
- Sample: Hold Harmless Agreement (Florida State University)
- Schools Have a Duty to Warn Interns of Dangerous Job Sites
- What Types of Issues Should I Address With our School's Legal Counsel to Develop Policies Concerning Liability?
- When Is an Intern an Employee?
Legal Issues in Recruitment, Selection, and Placement
- General
- Court Affirms Boy Scouts’ Refusal of Gay Scout Masters
- Do Assessment Tests Predict Behavior or Screen Out a Diverse Work Force?
- Employers Are Obligated to Accurately Represent Themselves
- Failure to Adhere to Hiring Procedures and Requirements Can Cause Problems
- During the Interviews, the Recruiter Took Pictures of All of the Candidates and Asked Illegal, Personal Questions
- Preemployment Inquiries: What (and What Not) to Ask
- Video Resumes
- Application Process
- Background Checks, Preemployment Screening, and Testing
- Are There Laws Governing Local Police Departments Publishing Arrest Records on the Web?
- Can the Employer Request a Police Report or a Police Records Check Prior to Offering a Job?
- Contacting Individuals Not on Reference Lists
- Court Says References Shouldn’t Mislead
- Credit Checks Subject to Fair Credit and Reporting Acts
- Employers Must Ensure Drug Tests Done in Professional Manner
- Employers, References, and Criminal Conduct by Employees
- Faculty Referrals Workshop
- How to Write Reference Letters
- The Keys to Negotiating Applicant Research on Social Networking Sites
- Legal Considerations for Preemployment Tests and Background Investigations
- Legal Issues: Employment Testing and Selection Procedures: How to Detect and Avoid Liability
- Medical Exam Results Are Confidential
- MySpace or Yours? How Can a Web Site Cost Someone a Job?
- Preemployment Drug Testing Is Still Relevant After Start Date
- Promises Made During Interview Don’t Create Legally Binding Employment Relationship
- The Pros and Cons of Background Investigations and Other Preemployment Screening Mechanisms
- References and Referrals
- References: What Can a Faculty Member Say or Write?
- Sample: Employer Reference Letter
- Sample: Faculty Reference Letter
- Sample: Form for Recommendations
- Tips for Providing References
- Vermont Court Rules for Employer in Resume Fraud Case
- Employment Agreements
- Interviewing
- New Hire Procedures
- Nondiscrimination
- General: EEOC Issues Guidelines on Compensation Discrimination
- General: Employers Responsible for Training Staff in Employment Law
- General: An Overview of EEO and Nondiscrimination
- General: Subjective Interviewing Techniques Do Not Violate EEO Laws
- ADA/Disability: ADA Definition of Qualified Individual
- ADA/Disability: EEOC Issues Guidelines on Disability-Related Questions
- ADA/Disability: Ensure Access to Your Web Site
- ADA/Disability: Explore Options for ADA Accommodations
- ADA/Disability: Federal Agencies Must Comply With ADA
- ADA/Disability: The Impact of the Americans With Disabilities Act on Recruiting and Selection Practices
- ADA/Disability: Legal Issues Surrounding Disclosure of a Disability in a Job Interview
- ADA/Disability: Medical History Inquiries Prohibited
- ADA/Disability: Preemployment Inquiries—Disability
- ADA/Disability: Senate Passes Bill to Amend ADA
- ADA/Disability: Temporary Staffing Firms, Clients Have Obligations Under ADA
- ADA/Disability: Thorough, Objective Exams Important to Avoid Lawsuits Under ADA
- ADA/Disability: Treat Applicants As Individuals When Considering ADA Issues
- ADA/Disability: U.S. Supreme Court Gives State Employers Limited Immunity From ADA
- ADA/Disability: U.S. Supreme Court Narrows Reach of Disability Law
- Age: Job Instability, Poor Interview Skills Negate Claim of Age Discrimination
- Age: Releasing Age Discrimination Claims
- Genetic Information: Genetic Information Nondiscrimination Act (GINA)
- Military: Law Protects Military Reservists' Jobs
- Military: NALP Submits Response to Solomon Amendment Ruling
- Military: Solomon Amendment Upheld
- Military: What Are the Regulations Under the Uniformed Services Employment and Reemployment Act (USERRA)?
- National Origin: EEOC Web Page Updates Guidance on National Origin Discrimination
- Race: Can a Career Center Have a Web Page With Resources and Internship Opportunities for Students of Color?
- Race: EEOC Guidance on Avoiding Discrimination
- Race: Job Testers May Sue Employers for Job Discrimination
- Race: Legal Issues Surrounding Discrimination: EEOC Offers Employers New Guidance on Avoiding Race and Color Discrimination
- Race: OFCCP Issues Guidance on Revised EEO Race and Ethnicity Categories
- Religion: Can Religion Be a Job Qualification?
- Sample: College Nondiscrimination Policy Statement
- Sample: Employer Nondiscrimination Policy Statement
- Privacy
Legal Issues Regarding International Students
- An Employer’s Guide to Student Visas
- CIS Releases Revision of I-9 Form
- The H-1B Visa and Alternatives: Advising Students, Encouraging Employers (2008 Annual Conference Workshop)
- Interviewing and Hiring International Students
- Issues Regarding Foreign Students Studying and Working in the United States
- Keys to Success in Employing Foreign Nationals
- Permanent Resident Green Cards
- Regulations Have Impact on Way Colleges Handle Foreign Students
- We Have to Pay? Explaining the New Labor Certification Rule to Colleges and Employers (2008 Annual Conference workshop)
- Work Visas for Foreign Graduates: Immigration Issues Made Easy (2008 Annual Conference workshop)
Legal Issues in the Workplace
- Dealing With Difficult Employees
- 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
- Arbitration/Mediation
- Copyright
- Employment Classifications
- Privacy
- Sexual Harassment
- Terminating Employees
- Wages & Hours (FLSA)
Ethical Issues
- General
- Ethical Issues for Career Services
- The Commercialization of Career Services: Ethical Considerations for Practitioners
- Ethical Considerations of the Commercialization of Career Services and College Student Recruitment Functions
- Ethical Issues: What to Say to a Firm Offering Third-Party Alumni Career Services
- Sample: Alcohol Policy Letter
- Case Studies
- Ethical Issues for Faculty
- Ethical Issues for Recruiters
- Ethical Issues for Students
*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.
