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
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.
Updated to reflect forthcoming Albany County salary history law.
The trend of banning salary history questions during the hiring process goes under the microscope on this podcast featuring Fisher Phillips employment attorney Cheryl Pinarchick, a founding co-chair of the firm's Pay Equity Practice Group.
Updated to reflect forthcoming state 'ban the box' and salary history inquiry laws.
Updated to reflect salary history restrictions, effective October 6, 2017.
California Governor Jerry Brown has signed into law two measures that restrict employers from asking job applicants about their salary and criminal history. Both laws are effective January 1, 2018.
Updated to reflect law banning discrimination in hiring based on veteran status, effective October 1, 2017.
Guidance on legal considerations in HR’s recruitment process. Support and advice on finding capable, qualified candidates in a legal manner.