Using Social Media For Recruiting Handout ( S Thomas)

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PDF handout from my 2/9/10 webinar on using social media for recruiting and the potential for disparate impact

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Using Social Media For Recruiting Handout ( S Thomas)

  1. 1. 8/11/2010 Overview • Conventional methods of job search & recruiting Using Social Media for Recruiting? • Why recruiters are using social media Beware Disparate Impact Claims • How recruiters are using social media Stephanie R. Thomas, Ph.D., Director • Kinds of information available via social media Equal Employment Advisory and Litigation Support Division • Legal concerns of recruiting via social media MCG sthomas_eea@mcg-site.com • Demographic differences (401) 331-6360 • Implications for recruiting strategy • Recommendations Equal Employment Advisory and Litigation Support Division, MCG Conventional methods of job search Conventional methods of job search • According to information from the Current • According to information from the Current Population Survey (U.S. Department of Labor, Bureau Population Survey (U.S. Department of Labor, Bureau of Labor Statistics): of Labor Statistics): – Contacting an employer directly; – Contacting an employer directly; – Contacting a public employment agency; – Contacting a public employment agency; – Contacting a private employment agency; – Contacting a private employment agency; – Contacting friends or relatives; – Contacting friends or relatives; – Contacting a school or university employment center; – Contacting a school or university employment center; – Sending out resumes or filling out applications; – Sending out resumes or filling out applications; – Placing or answering advertisements; – Placing or answering advertisements; – Checking union or other professional registers. – Checking union or other professional registers. Equal Employment Advisory and Litigation Equal Employment Advisory and Litigation Support Division, MCG Support Division, MCG Conventional methods of recruiting Recruiting via Social Media • Conventional methods of recruiting include: – Word of mouth; – Advertising in newspapers and trade journals; – Posting with local employment agencies; – Hiring a search firm / headhunter; – Contacting temp agency; – Hosting or participating in job fairs; – Posting vacancies on company website. Equal Employment Advisory and Litigation Equal Employment Advisory and Litigation Support Division, MCG Support Division, MCG 1
  2. 2. 8/11/2010 Enthusiasm for Recruiting Via Social Why are Recruiters Using Networking Sites Social Networking • Maureen Crawford-Hentz (recruiter for Osram • ROI – the dollar value of the benefits may far Sylvania) exceed its cost, and the resulting ROI may be – “Social Networking technology is absolutely the significantly higher than other recruiting best thing to happen to recruiting – ever.” programs; • In June of 2009, LinkedIn launched “Recruiting • Reduced vacancy days – because of high usage with LinkedIn Blog” rates and short response time, positions may – Matt Warburton: blog is for “recruiters and folks be filled faster than with other recruiting who rely on LinkedIn for their hiring needs” programs; Equal Employment Advisory and Litigation Equal Employment Advisory and Litigation Support Division, MCG Support Division, MCG Why are Recruiters Using How are Recruiters Social Networking Using Social Networking? • Communication responsiveness – because • CareerBuilder.com: a survey of 3,169 hiring there is less spam, using social networks to managers communicate may result in higher response – 22% screened job seekers using social networking rates and/or in more immediate responses sites when you send messages to prospects and – 34% used this information to decide NOT to hire candidates; someone • “Hidden” candidates – may identify qualified – 24% used this information to confirm their candidates who cannot be found or decision to hire someone successfully contacted using other sources. Equal Employment Advisory and Litigation Equal Employment Advisory and Litigation Support Division, MCG Support Division, MCG What Kinds of Information are What Kinds of Information are Available from Social Media? Available via Social Networking? Equal Employment Advisory and Litigation Equal Employment Advisory and Litigation Support Division, MCG Support Division, MCG 2
  3. 3. 8/11/2010 What Kinds of Information are What Kinds of Information are Available via Social Networking? Available via Social Networking? • Contact information • Contact information • Education • Education • Employment history • Employment History • Licenses and certifications • Licenses and certifications • Awards and honors • Awards and honors • Technical skills and abilities • Technical skills and abilities Equal Employment Advisory and Litigation Equal Employment Advisory and Litigation Support Division, MCG Support Division, MCG What Kinds of Information are What Kinds of Information are Available via Social Networking? Available via Social Networking? • Photos • Gender • Race • Birthday • Family members and relationship status • Sexual orientation • Religious views • Political views Equal Employment Advisory and Litigation Equal Employment Advisory and Litigation Support Division, MCG Support Division, MCG What Kinds of Information are Legal Concerns of Recruiting Available via Social Networking? Via Social Media • Photos • Title VII of the Civil Rights Act – prohibits • Gender discrimination based on race, color, sex, • Race national origin or religion • Birthday – Federal law covering private employers, state and • Family members and relationship status local governments and educational institutions with at least 15 employees • Sexual orientation – Protections have been extended to include • Religious views discrimination on the basis of pregnancy, sex • Political views stereotyping, and sexual harassment Equal Employment Advisory and Litigation Equal Employment Advisory and Litigation Support Division, MCG Support Division, MCG 3
  4. 4. 8/11/2010 Legal Concerns of Recruiting Legal Concerns of Recruiting Via Social Media Via Social Media • Americans with Disabilities Act of1990 (ADA) – • Age Discrimination in Employment Act of 1967 prohibits employment discrimination based (ADEA) – prohibits employment discrimination on disability based on age – Employers may not inquire about disability prior – Particular protection offered for individuals age 40 to an offer of employment and older – Employers must make reasonable accommodations to persons with disabilities Equal Employment Advisory and Litigation Equal Employment Advisory and Litigation Support Division, MCG Support Division, MCG Legal Concerns of Recruiting Legal Concerns of Recruiting Via Social Media Via Social Media • Executive Order 11246 – prohibits • Using Social Media for recruiting raises a discrimination based on race, color, sex, variety of legal issues: national origin or religion – Having access to information that discloses an – Also requires federal contractors to monitor their applicant’s protected group status; personnel practices and take affirmative action – Creates the potential for disparate treatment where indicated claims; – Creates the potential for disparate impact claims. Equal Employment Advisory and Litigation Equal Employment Advisory and Litigation Support Division, MCG Support Division, MCG Legal Concerns of Recruiting Legal Concerns of Recruiting Via Social Media Via Social Media • Disparate Treatment – intentionally treating • Examples of disparate treatment: members of a protected class differently than – Using profiles to collect information about family others for female applicants and then rejecting females – Checking social media for some applicants and not with children others – Evaluating information found on these sites in a different way for different applicants Equal Employment Advisory and Litigation Equal Employment Advisory and Litigation Support Division, MCG Support Division, MCG 4
  5. 5. 8/11/2010 Legal Concerns of Recruiting Legal Concerns of Recruiting Via Social Media Via Social Media • The risk of disparate treatment claims can be mitigated with a formal policy regarding the use of social media for recruiting: – All applicants are researched via social media – Information found is evaluated in a consistent manner for all applicants Would you evaluate these two candidates differently? Equal Employment Advisory and Litigation Equal Employment Advisory and Litigation Support Division, MCG Support Division, MCG Legal Concerns of Recruiting Legal Concerns of Recruiting Via Social Media Via Social Media • Disparate Impact - application of a facially- • Disparate Impact - application of a facially- neutral employment practice that adversely neutral employment practice that adversely affects members of a protected class affects members of a protected class – Giving preferences to applicants with largest – Giving preferences to applicants with largest number of recommendations, friends, contacts, number of recommendations, friends, contacts, etc. etc. – Only considering applicants with a social media – Only considering applicants with a social media profile profile Equal Employment Advisory and Litigation Equal Employment Advisory and Litigation Support Division, MCG Support Division, MCG Legal Concerns of Recruiting Why Does It Matter? Via Social Media • Disparate Impact - application of a facially- • Recruiting exclusively from social media may neutral employment practice that adversely create an applicant pool that is not open to affects members of a protected class some individuals – Giving preferences to applicants with largest • The demographic characteristics of the typical number of recommendations, friends, contacts, social networking user differ from that of the etc. typical person in the Civilian Labor Force – Only considering applicants with a social media profile Equal Employment Advisory and Litigation Equal Employment Advisory and Litigation Support Division, MCG Support Division, MCG 5
  6. 6. 8/11/2010 Gender Characteristics Gender Characteristics Gender CLF Facebook LinkedIn Male 54% 45% 54% Female Female 46% 55% 46% CLF Facebook There are no differences in gender representation between the Civilian LinkedIn Labor Force and LinkedIn. Male Women are overrepresented on Facebook relative to the Civilian Labor Force. Similarly, men are underrepresented on Facebook relative to the Civilian Labor Force. 0 10 20 30 40 50 60 Equal Employment Advisory and Litigation Equal Employment Advisory and Litigation Support Division, MCG Support Division, MCG Race Characteristics Race Characteristics Other Race CLF Facebook LinkedIn White 73% 78% 86% Asian A.A. 10% 11% 3% Hispanic 13% 5% 2% Hispanic CLF Asian 4% 5% 9% Facebook Whites and Asians are overrepresented on both Facebook and LinkedIn relative LinkedIn to the Civilian Labor Force. A.A. African Americans are underrepresented on LinkedIn relative to the Civilian Labor Force. White Hispanics are underrepresented on both Facebook and LinkedIn relative to the 0 20 40 60 80 100 Civilian Labor Force. Equal Employment Advisory and Litigation Equal Employment Advisory and Litigation Support Division, MCG Support Division, MCG Educational Characteristics Educational Characteristics Education CLF Facebook LinkedIn No College Degree No College 71% 44% 20% College 19% 42% 50% Graduate 10% 13% 30% College Degree CLF Facebook Individuals with no college degree are significantly underrepresented on LinkedIn both Facebook and LinkedIn relative to the Civilian Labor Force. Graduate Degree Individuals with college degrees and graduate degrees are overrepresented on both Facebook and LinkedIn relative to the Civilian Labor Force. 0 20 40 60 80 Equal Employment Advisory and Litigation Equal Employment Advisory and Litigation Support Division, MCG Support Division, MCG 6
  7. 7. 8/11/2010 Age Characteristics Age Characteristics Age CLF Facebook LinkedIn 50+ 18 to 34 36% 45% 20% 35 to 49 35% 21% 46% 50+ 29% 13% 33% 35 to 49 CLF Facebook Individuals aged 18 to 34 are overrepresented on Facebook and LinkedIn underrepresented on LinkedIn relative to the Civilian Labor Force. Individuals aged 35 to 49 are underrepresented on Facebook and 18 to 34 overrepresented on LinkedIn relative to the Civilian Labor Force. Individuals aged 50+ are underrepresented on Facebook and overrepresented on LinkedIn relative to the Civilian Labor Force. 0 10 20 30 40 50 Equal Employment Advisory and Litigation Equal Employment Advisory and Litigation Support Division, MCG Support Division, MCG Income Characteristics Income Characteristics Income CLF Facebook LinkedIn $0 to $30K $0 - $30K 23% 16% 12% $30 - $100K 53% 54% 50% $100K + 24% 29% 33% $30K to $100K CLF Facebook Individuals earning $30K or less are underrepresented on both Facebook LinkedIn and LinkedIn relative to the Civilian Labor Force. Individuals earning $100K or more are overrepresented on both Facebook $100K + and LinkedIn relative to the Civilian Labor Force. 0 10 20 30 40 50 60 Equal Employment Advisory and Litigation Equal Employment Advisory and Litigation Support Division, MCG Support Division, MCG What Does This Mean for Your Demographic Differences Recruiting Strategy? • The previous demographics consider each characteristic in isolation (e.g., gender only, race only, etc.) • Demographic differences may be exacerbated when characteristics are considered jointly (e.g., Hispanic females with a graduate degree, African American males over the age of 50, etc.) Equal Employment Advisory and Litigation Equal Employment Advisory and Litigation Support Division, MCG Support Division, MCG 7
  8. 8. 8/11/2010 What Does This Mean For Your What Does This Mean For Your Recruiting Strategy? Recruiting Strategy? • Using social media may provide you with • Relying exclusively on social media for recruiting information that discloses protected status. may create the potential for disparate impact This may violate anti-discrimination laws; claims: – Eliminates from the applicant pool all individuals who • If social media is used differently for different may be qualified for the position but do not have applicants (e.g., checking social media for access to or do not participate in social media; some and not for others) may create the – May skew the applicant pool because of demographic potential for disparate treatment claims; differences between the pool generated from social media and the pool generated from conventional methods. Equal Employment Advisory and Litigation Equal Employment Advisory and Litigation Support Division, MCG Support Division, MCG Recommendations Recommendations • Be aware of the potential risks involved in recruiting via social media • Understand what information is permitted and what information is prohibited under federal and state anti-discrimination laws • Work with corporate counsel and/or outside counsel to develop a set of policies and procedures governing the use of social media for recruiting purposes Equal Employment Advisory and Litigation Equal Employment Advisory and Litigation Support Division, MCG Support Division, MCG Recommendations Recommendations • To address the issue of access to protected- • “Separation of duties” allows the organization status information, use a “separation of to state that decision-makers do not have duties”: access to this information – Assign a few people to conduct the standard • This, in turn, can mitigate the potential for screening using social networks disparate treatment and/or disparate impact – The findings of the screening are submitted to the claims hiring manager or decision maker without protected class information (no gender, race, age information) Equal Employment Advisory and Litigation Equal Employment Advisory and Litigation Support Division, MCG Support Division, MCG 8
  9. 9. 8/11/2010 Recommendations Recommendations • Consider the specific requirements of the • Consider the characteristics of the applicant position for which you are recruiting: pools for similar positions you have filled in – If the position requires an advanced degree, using the past: social media for recruiting may not skew applicant – Does the voluntarily provided demographic pool characteristics of applicant pools for previous – If the position has minimal educational vacancies look similar to the demographics of the requirements, using social media for recruiting is typical social media user? likely to skew applicant pool – If not, exclusive use of social media for recruiting may skew the applicant pool Equal Employment Advisory and Litigation Equal Employment Advisory and Litigation Support Division, MCG Support Division, MCG Recommendations Recommendations • Look for Disparate Impact • A balanced recruiting program, utilizing a – If you reject job seekers because of information combination of conventional techniques and found on social media, that information should be social media, is preferred recorded • A well-articulated policy governing the use of – Conduct a statistical analysis to determine social media in your recruiting program can whether members of a protected class are mitigate disparate treatment and disparate disproportionately screened due to the use of social media sites in the hiring process impact claims Equal Employment Advisory and Litigation Equal Employment Advisory and Litigation Support Division, MCG Support Division, MCG Recommendations • Consult corporate counsel and/or outside counsel prior to changing your recruiting Using Social Media for Recruiting? strategy Beware Disparate Impact Claims Stephanie R. Thomas, Ph.D., Director Equal Employment Advisory and Litigation Support Division MCG sthomas_eea@mcg-site.com (401) 331-6360 Equal Employment Advisory and Litigation Support Division, MCG 9

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