On the surface, the hiring process may seem like such a simple step for a business or potential employee. Job hunters apply for a job; the company reviews all of the potential applicants and their resumes; they interview the candidates; and, eventually, a new employee is selected. What's so difficult about that?
In reality, though, the hiring process is actually very complicated, and any business needs to know the potential risks and legal aspects to the process. First and foremost, the actual interactions you have with potential candidates need to be compliant with the law. You can't ask certain questions in interviews, such as questions about religion, nation of origin or marriage.
You also don't want to make promises to any actual candidate until things are approved and agreed upon within your company. A promise made that was actually unauthorized (or won't come true) can lead to a legal nightmare for your company.
The best way to combat legal pitfalls in the hiring process is to have best practices established. You should consult with an experienced business attorney to make sure your company knows what steps to take and what processes to follow during hiring.
Essentially you want to follow a simple, but approved, process that avoids any controversial topics and stays clear of potentially compromising situations. That may seem obvious, but you would be surprised how many faults can found in even a seemingly-proper plan. This is why legal help is so vital for companies and businesses.
Source: FindLaw, "Best Practices for Employers in a Hiring Interview," Accessed Feb. 10, 2016