Overview: The ability to post job openings online coupled with the surge in the popularity of social media has greatly increased an employer's ability to recruit new talent. Other recruiting methods include employee referrals; traditional press advertising (newspapers, trade publications, magazines); professional organizations; and job fairs.
All of the above methods may prove fruitful for an employer. Word-of-mouth referrals can be effective, but relying too heavily on them also can lead to an applicant pool or workforce that is not particularly diverse. Press advertising is the oldest and most tried-and-true form of advertising job openings, but by its nature will reach a more limited number of people than does the Internet.
LinkedIn, Facebook, employer websites and other online resources offer wonderful opportunities for employers. For instance, LinkedIn users can search for open positions on the website and apply directly with their existing LinkedIn profiles. In addition, employers can post openings on external websites that provide users with lists of open jobs at numerous companies.
However, these new recruiting methods also bring a few risks because an employer now can learn an applicant's age, race and other characteristics fairly easily. And, as is true with more traditional recruitment methods, HR must use gender-neutral language to avoid running afoul of discrimination laws while also ensuring that its postings do not discourage members of protected groups, such as disabled individuals, from applying.
Trends: A hot trend employers should be aware of involves the proliferation of social media password protection laws. Maryland, Illinois and California all passed laws in 2012 that ban employers from asking job applicants for the usernames and passwords to their personal social media accounts. The New Jersey State Senate unanimously passed a similar measure, and other states have proposals in the works.
Author: David B. Weisenfeld, JD, Legal Editor
It is critical that financial services industry employers understand the consequences of noncompliance with the many laws that apply to this highly regulated industry. This Legal Insight highlights some of the more notable legal requirements to help HR spot potential issues. By becoming more familiar with the growing number of rules applicable to the financial services industry, employers can and should take proactive steps to ensure compliance and thereby lessen any risk of civil and/or criminal liability.
New York City has passed the nation's broadest law to date to prohibit discrimination in job advertisements against the unemployed. Mayor Michael Bloomberg had previously vetoed the measure, but the City Council overrode that veto in a 44-4 vote. New Jersey, Oregon and the District of Columbia also have laws that ban employers from listing "current employment" as a job requirement.
In-depth review of the spectrum of New York employment law requirements HR must follow with respect to recruiting.
Wal-Mart has announced a new program to hire 100,000 veterans over the next five years. Under the plan, the nation's largest retailer pledges to offer a job to any honorably discharged veteran within his or her first 12 months off active duty. Wal-Mart's hiring plan comes amidst reports that the unemployment rate for veterans remains well above that of nonveterans.
In-depth review of the spectrum of Michigan employment law requirements HR must follow with respect to recruiting.
In-depth review of the spectrum of California employment law requirements HR must follow with respect to recruiting.
In-depth review of the spectrum of North Carolina employment law requirements HR must follow with respect to recruiting.
Employers in California are now prohibited from requesting the social media user names and passwords of job applicants and employees to gain access to personal social media websites. Employers also may not discharge, discipline or otherwise retaliate against an employee or applicant for refusing to provide such information.
A.B. 1844 makes it unlawful for California employers to request user names and passwords of job applicants and employees in order to access personal social media websites.
In-depth review of the spectrum of New Mexico employment law requirements HR must follow with respect to recruiting.
HR guidance on job applicant recruiting methods and legal risks.
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