In today’s tight labor market, many businesses are tempted to hire quickly because they are having trouble finding the people they need. “There are so many organizations trying to find competent individuals,” said Michael Lotito, Jackson, Lewis, Schnitzler & Kruptman San Francisco, and incoming chair of the Society for Human Resource Management, “that they wind up hiring almost anybody who walks through the door, and they’re left with the consequences.”

Hasty hiring decisions can easily blow up in a business’ face, thanks to several decades’ accumulation of statutes and court decisions. “Hiring the wrong person breeds a litigious environment,” said Stephen J. Cabot, Harvey, Pennington, Cabot, Griffith & Renneisen Ltd., Philadelphia�but identifying the right person to hire can be tricky because, he said, “the law itself is a moving target” where employment discrimination is concerned.

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