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 requirements under Philadelphia's wage equity ordinance.
Updated to reflect E-Verify requirements, effective January 1, 2017.
The US Department of Labor (DOL) has issued a final rule that updates equal employment opportunity (EEO) requirements with respect to apprenticeships. Current protections are expanded to include disability, age, genetic information and sexual orientation.
Updated to reflect paycheck transparency requirements under the Fair Pay and Safe Workplaces Executive Order, and paid sick leave requirements, both effective January 1, 2017.
A new Philadelphia law would ban employers from asking job applicants about their salary history. Massachusetts and California have passed similar laws, but Philadelphia will become the first city in the nation with a so-called wage history law if Mayor Jim Kenney signs the measure as expected.
Updated to reflect the forthcoming voter-approved medical marijuana law.
Updated to reflect law allowing private employers to grant a veterans preference, effective October 1, 2016.
An employer can use this checklist to ensure it develops legally compliant job descriptions to find the best candidates while avoiding discrimination risks.
Guidance on legal considerations in HR’s recruitment process. Support and advice on finding capable, qualified candidates in a legal manner.