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 Spokane 'ban the box' ordinance.
Updated to reflect an amendment to the state 'ban the box' law, effective December 20, 2017.
Updated to reflect expunged criminal records laws, effective December 20, 2017.
Updated to reflect law protecting employers from negligent hiring claims, effective January 1, 2018.
Updated to reflect Albany County's law regarding salary history restrictions, effective December 18, 2017.
Numerous legislative changes take effect January 1, 2018 affecting minimum wage rates, recruiting and hiring, paid sick leave and more. An employer should take note of these legal developments and ensure it takes the appropriate steps to comply.
Updated to reflect salary history question ban, effective December 14, 2017.
A Colorado agency has ordered Uber to pay $8.9 million for allowing nearly 60 drivers to work for the company despite possessing damaging background check information that should have disqualified them under the law.
Guidance on legal considerations in HR’s recruitment process. Support and advice on finding capable, qualified candidates in a legal manner.