Regardless of the formal or structured degree of worker selection systems, and despite the lack of intent, employers can be held liable if their practices adversely affect candidates in a legally protected category. There is prima facie evidence of adverse effects when the selection rate for a protected group is less than 80% of the rate for the most frequently selected group. It`s an extremely complex process, and at every step of the way, you need to be aware of some legal implications. Even the questions you ask during an interview must be carefully weighed so that they are not seen as discriminatory. Each step mentioned above must comply with legal requirements. If you don`t, you can quickly enter legal chaos. Let`s start at the top and look at six important legal issues that a recruiter needs to pay attention to when recruiting and selecting. Please note that I am not a lawyer, but a concerned HR professional who wants to prevent her colleagues from making unnecessary mistakes. If in doubt, please consult a lawyer. Ask yourself: Are you legally employable in the United States? Can you speak/write English fluently? What languages do you speak besides English? Most human resources professionals should be aware that a number of federal and state laws prohibit discrimination in the workplace based on factors such as race, color, creed, national origin, religion, sex, and age — to name a few. However, some employers may not fully understand the extent of potential liability associated with hiring decisions. Perhaps most frustrating for employers is the fact that their employee selection systems can be perceived as unlawfully discriminatory, even in the absence of malicious intent.
Data Protection Act 2003 – Applicants are informed that the details of their application forms will be used in accordance with the law. This means that the information is confidential and can only be used for assessment and selection, as well as employment records, if their application is accepted. Even if an employer`s recruitment system is proven to have negative effects, the employer can still prevail if the selection process is valid and compatible with the needs of the company. Tests developed or selected by occupational psychologists or organizations for the selection of candidates for a particular position are likely to be considered employment-related by a court. As a result, employers are advised to use professionally designed employee selectors that have been specifically tested for use with a specific job. IRCA prohibits any employer from knowingly hiring foreign workers who are not legally authorized to work in the United States. Employers should check if new employees can work in the U.S. by having an I-9 completed. From Lockridge and similar cases, it is clear that employers with formal and structured employee selection systems will have an easier time resolving lawsuits brought by non-plaintiffs. In other words, employers who do not structure their job selection systems can expose themselves to unnecessarily costly litigation not only from workers and applicants, but also from people who have never applied for a job. Even if you can demonstrate valid business reasons for using elements of your personnel selection system that harm members of a protected class, you should still look for other selection methods that are just as valid but have less discriminatory effects.
35 states and more than 150 cities and counties have passed « ban the box » laws that make it illegal to ask about an applicant`s criminal history in an application. Some variations of the law go even further, prohibiting an employer from asking about a candidate`s criminal record until the candidate has passed the interview process and received a conditional offer. The intent behind these laws is to allow qualified candidates to go through the recruitment process without the stigma of conviction or arrest, these initiatives offer candidates a fair chance at employment based on the person`s skills and character. These laws allow employers to necessarily conduct background checks on potential employees before completing the hiring process. Below is a list of the most important laws and regulations that affect the selection process. Before recruiting, make sure you are familiar with these rules: The challenge for HR professionals is to create an employee selection system that is effective and beneficial, but also minimizes susceptibility to legal challenge. The following seven tips can help you assess the overall vulnerability of your employee selection processes. If necessary, consider revising procedures to reduce your company`s legal risk. Equality Act 2010 – it is illegal to discriminate in employment – including recruitment and selection – on the basis of the following characteristics: The wording of the job posting, whether in a newspaper or job portal, must be carefully worded.
It should not promote a person`s race, colour, religion, sexual orientation or even political beliefs. That is what the United States is doing. Equal Employment Opportunity Commission (EEOC). It is illegal to discriminate against an applicant on the basis of any of these factors. Some of the other parameters are gender, age and disability. The EEOC also protects employees and candidates from: Employee selection systems should be formalized and structured. While nothing prevents workers from suing for discrimination, there are mechanisms in the law to eliminate claims that simply have no chance of success – for example, when a complainant rejects the fundamental elements of her claim, i.e.: A prima facie case cannot prove. Summary judgment is the primary screening mechanism that employers can use to terminate such claims at the outset of litigation. One possible source of negative effects is subjective evaluation.
While instinct and intuition can be valuable aids in staff selection, unguided instinctive feelings about a candidate`s suitability are legally dangerous. Subjective evaluations allow latent stereotypes and distortions to seep into the process. Such biases can lead to a negative perception and ultimately lead to the decision not to hire truly qualified candidates. However, subjective assessment can be useful and should not be completely excluded from staff selection processes by employers. However, as the U.S. Supreme Court stated in Watson v. Fort Worth Bank & Trust, 487 U.S. 977 (1988), it is essential that subjective criteria be valid as objective criteria. In order to determine whether subjective assessments are based on valid criteria, employers must be able to identify those criteria. The next step in using subjective assessments in a valid and legally defensible manner is to standardize subjective assessments by following uniformly established procedures set out in written guidelines. By considering and documenting all of these elements, employers should be well positioned to defend the legitimacy of their job evaluations. Working in advance will be profitable in the future with lower process costs.
In addition to the general law that applies to each candidate, there are certain laws for certain groups of workers or certain professions. The recruitment and hiring of law students or lawyers is overseen by the National Association for Law Placement (NALP).
