Overview: In this high-tech age, employers have more resources available than ever before to find job candidates. Online postings, state labor websites, LinkedIn and other forms of social media have taken their place alongside traditional press advertising, employment agencies and employee referrals as effective recruiting methods.
Referrals empower current employees by giving them the opportunity to assist in the hiring process. Employers should be cautious not to rely exclusively on referrals, however, as doing so may create discrimination risks under Title VII of the Civil Rights Act if it means a diverse range of candidates is not considered.
In addition, HR should use gender-neutral and age-neutral terms when posting job advertisements as part of HR's recruiting process to avoid unnecessarily limiting the potential range of applicants.
This holds true with the use of social media as well. While providing new avenues for recruitment, these sites also can provide new discrimination traps for unwary employers that access information about protected characteristics.
Trends: California, Illinois, Maryland and Michigan are among the many states that have passed laws prohibiting employers from asking job applicants for their social media passwords. Federal legislation has been proposed to ban this practice, and other states are looking into similar measures.
Author: David B. Weisenfeld, JD, Legal Editor
Updated to reflect revised sex discrimination rules for federal contractors, effective August 15, 2016.
This How To details the steps a prudent employer should take when using analytics to improve its recruiting and talent management decisions.
In light of employers' increased use of data to aid decision-making, talent management expert Josh Bersin shares insights on how to use analytics to improve an organization's recruiting and talent management efforts.
Updated to reflect a law permitting private employers to grant a veterans preference in hiring, effective July 1, 2016.
Updated to reflect a new veterans preference law, effective August 1, 2016.
Updated to reflect the forthcoming state medical marijuana law.
Updated to reflect the Portland Ban the Box Ordinance, effective July 1, 2016.
Updated to reflect new law permitting private employers to provide a veterans preference, effective July 6, 2016.
Guidance on legal considerations in HR’s recruitment process. Support and advice on finding capable, qualified candidates in a legal manner.