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 forthcoming law regarding salary history inquiries.
Delaware joins Oregon, Massachusetts and other jurisdictions that have enacted salary history inquiry restrictions on employers. The Delaware measure will take effect in December 2017, and aims to reduce the wage gap between men and women.
Updated to reflect forthcoming law restricting salary history inquiries.
An Oregon law will restrict employers from asking job applicants or employees about their salary history. The measure also bans pay discrimination based on any protected characteristic.
This How To details the steps an employer should take to reduce the risk of unconscious bias influencing its recruiting and hiring decisions.
Updated to reflect forthcoming law protecting employers from negligent hiring and employment claims.
Updated to reflect forthcoming law protecting employers from negligent hiring claims.
Guidance on legal considerations in HR’s recruitment process. Support and advice on finding capable, qualified candidates in a legal manner.