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 include information on the forthcoming Quick Reference charts: New York Sexual Harassment Prevention Training Requirements and New York Harassment Prevention Laws Timeline.
There has been a renewed focus on equal pay and pay equity on the federal, state and local level. Many states have enacted laws pertaining to equal pay and wage disclosure. To help employers comply with these laws, XpertHR has new resources, a Checklist, a Task and a Massachusetts specific How To.
Updated to reflect forthcoming amendments regarding certificates of relief for criminal convictions.
Updated to reflect forthcoming amendments to law regarding certificates of relief for criminal convictions.
Updated to reflect offer requirements under the forthcoming law regarding noncompete agreements.
Updated to reflect forthcoming law protecting employers from negligent hiring claims.
Updated to reflect law protecting employers from negligent hiring claims, effective August 3, 2018.
Guidance on legal considerations in HR’s recruitment process. Support and advice on finding capable, qualified candidates in a legal manner.