EMPLOYMENT LAW FOR
HUMAN RESOURCE
PRACTICE, 5E
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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