David Walsh

EMPLOYMENT LAW FOR
HUMAN RESOURCE
PRACTICE, 5E

© 2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom

Recruitment
Chapter 4

© 2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Chapter Outline
Recruitment

◦ Discrimination in Recruitment
◦ Recruitment Methods
◦ Recruiting Foreign Nationals for U.S.
Employment
◦ Application Process
◦ Pre-employment Inquiries
◦ Use of Social Media in Recruiting
◦ Statements by Employers
◦ Statements by Employees
© 2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Recruitment
Employers

must use several recruitment mechanisms to avoid discriminatory hiring.
◦ Want ads and job announcements
 Wording must be neutral

◦ Employment agencies
 May not discriminate on behalf of employer clients

◦ Nepotism, word of mouth hiring
 Unless workforce is already diverse, tends to recruit similar employees
© 2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Recruitment Discrimination in Recruitment
(1 of 2)

Assuring

non-discrimination in hiring begins at the recruitment process To determine whether discrimination has occurred, the firm’s applicant pool will be compared to the relevant labor market - the protected class composition of people who are qualified for the type of work in question and reside within a

© 2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Recruitment Discrimination in Recruitment
(2 of 2)

Recruitment

Methods

◦ Want Ads & Job Announcements
 Requires a neutral message re job availability, which does not express or imply a preference for some protected class group over another

◦ Employment Agencies
 Employers must not request that agencies discriminate ◦ Nepotism & Word-of-Mouth Hiring
 Nepotism refers to favoritism toward relatives  Not a per se violation of Title VII, but results in hiring people who are similar

© 2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Recruitment Application Process

(1 of 3)

In

the application process, employers decide:
◦ What must be done to apply.
◦ Whether applications will be accepted.
◦ The period of time for which applications will be accepted.
◦ How long submitted applications will remain valid.

© 2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Recruitment Application Process
Employers

(2 of 3)

must retain:

◦ Applications & related records for at least 1 year after a hiring decision is made ◦ Records regarding people who were hired until a year after they leave employment ◦ Data regarding the protected class characteristics of applicants for purposes of affirmative