Legal Issues

This article provides guidelines for those writing reference letters, including questions to consider and legal and liability issues.

There are a number of laws and regulations governing internships, including whether an intern is classified as an employee. Others cover compensation-related issues—including whether an intern can be paid if they receive credit—workplace safety, employment agreements, and more.

Career services professionals should know the key points of the Family Educational Rights and Privacy Act (FERPA) and how they can ensure their institutions are in compliance with FERPA’s requirements.

Employers may use multiple avenues to screen potential candidates. These include 1) creating the job description, 2) creating the written application, 3) conducting the interview, 4) determining which background screening methods to use, and most recently, 5) navigating the use of artificial intelligence (AI). Each contains potential legal liability for the employer if not conducted correctly.

Using AI in the preemployment process can increase objectivity but can also increase the risk of discriminating against candidates.

On June 29, 2023, in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina, the U.S. Supreme Court struck down the affirmative action policies at Harvard College and the University of North Carolina. The court’s decision striking down race-based college and university admissions policies and programs will have sweeping and immediate consequences for higher education throughout the country.

What constitutes harassment? How are employers required to respond? What should employees do if they believe they are being harassed? Are unpaid interns protected?

Signed into law in 1963, the Equal Pay Act prohibits pay discrimination based on sex. However, 60 years since the passage of the law, women continue to experience a pay gap, relative to men.

Immigration attorney Mark B. Rhoads answers several critical questions about international students navigating the visa sponsorship process.

Historically, employers conducted preemployment drug testing to promote a drug-free work environment and safe working conditions for all employees. Applicants who tested positive for prohibited substances, including marijuana, were generally excluded from further consideration for employment. However, as more states legalize the use of medicinal or recreational marijuana, employers are facing difficult decisions regarding their preemployment drug testing policies.

This article discusses maintaining and handling protected data, including how to an internal or third-party breach.

Given the complexity and variety of laws, it is not surprising that employers, applicants, and career services professionals alike are confused about what is and isn’t legal in the case of marijuana—medical and recreational. This article addresses marijuana use as it pertains to some of the most pressing questions surrounding recruiting and hiring.

Many career services professionals are asked to prescreen candidates for employers—to identify their “best” students. So, too, are faculty members. Beyond a host of ethical issues involved in such a request, there are legal implications.

Attorneys George Hlavac and Edward Easterly discuss potential pitfalls in the application and interview for applicants and employers.

Unpaid internships can put international students at risk of violating their immigration status.

Employers may require new hires and interns to sign restrictive covenants, such as noncompete, nonsolicitation, and/or nondisclosure agreements. Attorneys George Hlavac and Ed Easterly discuss the issues.

In a 4-3 decision, the U.S. Supreme Court upheld the affirmative action admissions plan at University of Texas. The case, Fisher v. University of Texas at Austin, revolved around race in the admissions process. The University of Texas system provides for race to be considered as one factor in admissions.

The legalization of recreational and/or medical marijuana in many states raises a series of issues for employers and employees alike. How are drug testing policies affected? Must employers accommodate use of marijuana for medical purposes? What does legalization mean for federal contractors?

The key for reference providers is to know what information should and can be disclosed, and what legal ramifications arise as a result of improper disclosures.

Although some recommend a student or new graduate volunteer to work unpaid to gain experience, it is illegal for-profit organizations to have “volunteers” perform work.

Employers are not required to interview an international student who has an F-1 or J-1 visa, even if the student is otherwise qualified for the job. Although employers can refuse to interview or hire international students who do not already have some form of permanent work authorization, most cannot stipulate that U.S. citizenship is a job requirement.

In today’s marketplace, college students may be offered a wide variety of employment opportunities. The following information should help career services professionals advise their students on the nature of these opportunities.