Find the right lawyer now

What are Illegal Hiring Laws?

Find a Local Employment Lawyer near You

What are Illegal Hiring Laws?

Illegal hiring laws govern the acceptable practices that employers can use during the hiring and selection phases of employment.  The majority of illegal hiring laws deal with the prevention of employment discrimination.  However, there are many different legal topics that are covered under illegal hiring laws. 

Also, every state has difference when it comes to hiring laws.  This is because each state has different economic and geographic characteristics which may influence the employment laws in that region.  For instance, many border states often focus on immigration and employment issues, while coastal states may focus more on the import and export aspects of employment and business.

What are Some Examples of Illegal Hiring Practices?

While each state may have different laws, some of practices that might be considered illegal in every state may include:

  • Hiring illegal immigrants or undocumented workers who are not eligible for work in the U.S.
  • Using interview questions that are illegal
  • Choosing and implementing hiring practices that encourage discrimination
  • Purposely failing to document all instances of hiring and firing (in order to make the company appear smaller to authorities)
  • Utilizing hiring campaigns that are deceitful, unfair, or illegal

Thus, employers should avoid hiring campaigns that involve these types of practices.  Also, employers should even avoid conduct that makes it appear like they are engaged in such practices.  Even the mere appearance of illegal hiring practices can subject the company to an investigation that wastes valuable time and resources for the company. 

Legal consequences for illegal hiring can involve fines, civil lawsuits, and a suspension of the business license.

How Can Illegal Hiring Practices be Avoided?

Illegal hiring practices can be avoided first of all by obtaining a basic foundation of understanding when it comes to the employment laws in your area.  Every state (and some times each city) may have slightly different rules as to what is acceptable for a particular business.  You should do some background research before starting or creating a new hiring project.  This is especially crucial for smaller businesses and for start-up ventures.

Also, it can help to speak with some business professionals as well as legal professionals.  For instance, hiring a business or employment lawyer may help you to get a proper footing in terms of the types of practices you can institute for your organization.  Lastly, if you have questions about any practices (especially interview questions for employers), you may wish to consult with a lawyer for advice.

Should I Hire a Lawyer for Help With Illegal Hiring Laws?

Violations of illegal hiring laws can be costly for a business.  You may wish to hire a lawyer if you have any legal issues or conflicts that involve the hiring aspect of a business.  Your attorney can assist you during court to ensure that your claim receives the attention that it needs, and that your legal needs are addressed. 

Photo of page author Jose Rivera

, LegalMatch Legal Writer

Last Modified: 07-03-2013 11:17 AM PDT

Law Library Disclaimer
  • No fee to present your case
  • Choose from lawyers in your area
  • A 100% confidential service
What is LegalMatch?

We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.