Internet job boards, search engines and social media sites are shaping the ways in which companies locate, recruit and hire candidates for open positions. More employers than ever are posting their employment opportunities online and using social networking sites to reach and screen prospective employees.
With the amount of information that is publicly available, employers that use the Internet to attract recruits need to exercise caution to ensure that their online hiring practices do not have the unintentional effect of excluding people based on their membership in a legally protected category.
Online Job Advertisements
It’s a good idea to review both state and federal laws before composing any job ad. Under federal law, it is illegal for an employer to publish a job advertisement that shows a preference for or discourages someone from applying for a job because of his or her race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. When drafting job postings, employers need to look for any terminology that might have the intentional or unintentional effect of excluding or discriminating against individuals in a protected class. Assess application forms for the information they might elicit.
Access for People with Disabilities
Under the Americans with Disabilities Act, if a job applicant with a disability needs an accommodation to apply for a job, the employer is required to provide the accommodation, so long as the accommodation does not cause the employer significant difficulty or expense. In some instances, this might require an employer to ensure that their technology is accessible to people who are blind or visually impaired, or make alternate means of applying for the job available.
Electronic Screening
It is a good practice to consider software screening selections in light of protected categories. For example, a screening setting could exclude people based on geographic area and adversely impact a protected group. Using technology as the sole means of posting and responding to a job opportunity might also have a discriminatory impact.
As employers explore the latest innovations to fill open positions, they should remain alert to the ways in which these new methods might be exposing them to potential legal risks. Embrace equal employment opportunity hiring practices. Let applicants know about your equal employment opportunity policy before they apply.