Negligent hiring: Reducing the risk

In recent years, the responsibility of employers to hire people who are not dangerous or violent has been heightened by the tort, negligent hiring. The courts have ruled that certain employers owe a special duty to employees and third parties (e.g., customers or clients) to protect them from the harmful or criminal acts of other employees. This article contrasts negligent hiring to respondent superior and negligent entrustment, describes the components of negligent hiring, and reviews important legal cases. The article also discusses how employers can minimize the risk of negligent hiring through prudent human resource practices.     

Hiring Older Employees: Do the Age Limits of Early Retirement and the Contribution Rates of Firms Matter?

We examine the effects of a Finnish pension reform on firms' incentives to hire older employees. The reform restricted the eligibility ages for early retirement and changed the size‐related contribution rates of firms. According to our theoretical model, the positive effect on the values of new hires extends to age groups younger than those directly affected by the reform, and the effects are strongest in the largest firms. These model predictions were confirmed in a difference‐in‐difference‐in‐differences analysis on the probability of the hiring of workers of different ages in firms of different sizes.     

Betwixt and Between: The Dilemma of Employee References

Concerns have arisen over employers' collection and sharing of information about employees, especially employment references. As a result of the dramatic growth in the number of lawsuits brought by employees, many employers have seriously curtailed the information they release concerning current and former employees. However, even the refusal to release information carries a legal risk. Employers who do not obtain information concerning applicants can be liable for negligent hiring, and those who knowingly withhold negative information regarding their former employees may be liable for negligent referral. This paper explores these expanding liabilities and suggests strategies to allow employers to manage the risk of communicating employee references.     

Are Men Always Picked Over Women? The Effects of Employment Equity Directives on Selection Decisions

This study replicates and extends previous work by Oppenheimer and Wiesner [1990, Sex discrimination: Who is hired and do employment equity statements make a difference? Proceedings of the 11th Annual Conference of the Administrative Sciences Association of Canada, Personnel and Human Resources Division], and examined the effects of minority qualifications on hiring decisions, the effects of employment equity directives when minority candidates are less qualified and the effects of different types and strengths of employment equity directives on hiring decisions. The results indicate that when employment equity is in place, people are increasingly more likely to hire underrepresented group members, to the extent that they are more qualified. Men appear to be treated in a positively biased manner, and are more likely to be hired when they are less qualified. Women are less likely to be hired when they are under-qualified, and in the absence of employment equity directives or when there is a suggestion that women are underrepresented. Moreover, when␣employment equity directives are strengthened, there appears to be a subtle backlash for women but not for men. Eddy S. Ng is an assistant professor at Trent University. He was on faculty at California State Polytechnic University, Pomona in 2006–2007. Willi H. Wiesner is an associate professor at the DeGroote School of Business, McMaster University.     

建国初期乡村雇佣关系的历史考察——以长江中下游6省为例

土改结束至集体化高潮前,雇佣关系作为传统乡村一种重要的资源配置方式,仍然普遍存在。和土改前地权高度集中基础上的乡村雇佣关系不同的是:土改后的雇佣规模——雇工户数和工数大大下降;在雇佣形式上,长工数量和佣期急剧下降、短工数量显著增加;在阶层构成上,雇佣关系主要发生在普通劳动者之间,中农、贫雇农等阶层雇入长工和短工所占比重急剧增加。     

Integrating the disabled into the work force: A survey of fortune 500 company attitudes and practices

Full participation in the work force continues to be an elusive goal for disabled individuals. One common explanation for this state of affairs is that employers tend to have negative attitudes about what the handicapped have to offer as employees and what is required to integrate them into the work force. Unfortunately, relatively little recent data is available about such attitudes. Thus, a survey of Fortune 500 companies was conducted to examine employers' attitudes toward the disabled. Employers' hiring and accommodation practices were also examined. Results were encouraging for the handicapped in some areas (e.g., performance perceptions) and a cause for concern in others (e.g., the perceived cost of making workplace accommodations). Level of exposure to the handicapped was also related to attitudes and practices. Limitations, research directions, and implications for corporations are discussed.     

Ethnic Discrimination in Germany's Labour Market: A Field Experiment

Abstract. This paper studies ethnic discrimination in Germany's labour market with a correspondence test. We send two similar applications to each of 528 advertisements for student internships, one with a Turkish‐sounding and one with a German‐sounding name. A German name raises the average probability of a callback by about 14%. Differential treatment is particularly strong and significant in smaller firms at which the applicant with the German name receives 24% more callbacks. Discrimination disappears when we restrict our sample to applications including reference letters which contain favourable information about the candidate's personality. We interpret this finding as evidence for statistical discrimination.     

Legally astute managers as a source of value in organizations

The legal and compliance departments in organizations have more influence than ever before. Why then are companies so vulnerable to legal liability? The problem may not be with talented legal professionals, but with the lack of legal knowledge held by MBAs and other business school graduates that make day-to-day decisions in modern organizations. Firms can close this knowledge gap and minimize legal liability by training their managers in legal astuteness—the ability of a manager to address legal issues successfully—by instilling four essential traits: respecting the rule of law, recognizing legal issues, resolving problems proactively, and reporting complex legal issues to experts. Job candidates should also be screened for traits of legal astuteness. A legally astute candidate, especially a graduate of a business school that requires legal education for all its students, can be a cultural ambassador for legal astuteness and a valuable liaison between legal and compliance departments and the candidate’s functional area. A legally ignorant candidate will require significant training and a frank assessment of the legal risk they bring to the organization. Modern firms in today’s legal environment face two choices: hire a legally astute manager now or deal with a compliance headache later.     

Hours underemployment and employee turnover: the moderating role of human resource practices

Using Canadian nationally representative, multisource longitudinal data, this paper examines relationships between hours underemployment, employee turnover and human resource practices. The results of hierarchical linear models indicate that underemployed employees are more likely to leave an organisation that relies heavily on part-time workers, whereas they are more likely to stay when their employers hire regularly from within the company. These findings extend the literature on hours underemployment from individual-level direct effects to organisational-level moderating factors, and accordingly, they provide empirical evidence that human resource professionals can use to address the detrimental effects of underemployment.     

The influence of relation-based and rule-based regulations on hiring decisions in the Australian and Hong Kong Chinese cultural contexts

Investigation of the cultural factors that may influence the employment decisions of managers is of increasing importance in the global business environment. The purpose of this research is to examine whether particularistic ties based on friendship influence hiring practices in relation-based (Hong Kong Chinese) and rule-based (Australian) cultural contexts. Three studies were conducted to examine this research question. Results indicate that friendship-based particularistic ties, specifically guanxi and mateship, can influence hiring decisions in both relation- and rule-based cultural contexts. The results of the studies have implications for human resource managers with regards to staffing organizations operating in different cultural contexts.