Legal Implications of Social Media Recruitment

The Legal Implications of Recruiting Online – And How to Avoid Them Joey V. Price, MS, PHR Jumpstart:HR jprice@jumpstart-hr.com Jumpstart-hr.com | twitter.com/jumpstarthr | 301-910-8660

What You’ll Learn:1. Hidden dangers of 3. Suggestions for safe- social media recruiting guarding your social (and in person) media recruitment2. HR Law that process transcends social media recruitment Jumpstart-hr.com | twitter.com/jumpstarthr | 301-910-8660

Hidden Dangers of Social Media Recruiting• Discrimination • Disparate Impact – Against Protected Classes – Against Ethnic Minorities and Women Jumpstart-hr.com | twitter.com/jumpstarthr | 301-910-8660

Discrimination Against Protected ClassesQ: What is a protected class?A: Protected class is a term used in United Statesanti-discrimination law. The term describescharacteristics or factors which can not be targetedfor discrimination and harassment. Jumpstart-hr.com | twitter.com/jumpstarthr | 301-910-8660

Type of Protected Classes and HR Law:• Race - Federal: Civil Rights Act of • National origin - Federal: Civil 1964 and the Civil Rights Act of Rights Act of 1964 1866 • Age (40 and over) - Federal: Age• Color - Federal: Civil Rights Act of Discrimination in Employment 1964 Act of 1967• Religion - Federal: Civil Rights Act • Sex - Federal: Equal Pay Act of of 1964 1963 & Civil Rights Act of 1964 Jumpstart-hr.com | twitter.com/jumpstarthr | 301-910-8660

Type of Protected Classes and HR Law:• Familial status (Housing, cannot • Disability status - Federal: Vocational discriminate for having children, Rehabilitation and Other exception for senior housing) Rehabilitation Services of 1973 & Americans with Disabilities Act of• Sexual orientation (in some 1990 jurisdictions and not in others) • Veteran status - Federal Vietnam Era• Gender identity (in some Veterans Readjustment Assistance Act jurisdictions and not in others) of 1974 • Genetic information - Federal: Genetic Information Nondiscrimination Act Jumpstart-hr.com | twitter.com/jumpstarthr | 301-910-8660

Danger, danger!• When you use social networks to recruit online, you expose yourself to information regarding a candidate’s affiliation with a protected class. Jumpstart-hr.com | twitter.com/jumpstarthr | 301-910-8660

Defining Disparate Impact:• A theory of liability that prohibits an employer from using a facially neutral employment practice that has an unjustified adverse impact on members of a protected class. A facially neutral employment practice is one that does not appear to be discriminatory on its face; rather it is one that is discriminatory in its application or effect. Jumpstart-hr.com | twitter.com/jumpstarthr | 301-910-8660

Disparate Impact on the Web: Jumpstart-hr.com | twitter.com/jumpstarthr | 301-910-8660

Danger, danger!• When you use social networks to recruit online, you must ensure that there is fair and equitable access to your application. Jumpstart-hr.com | twitter.com/jumpstarthr | 301-910-8660

Protect Your Organization from Non- Compliance• Remain objective when • Refrain from including browsing candidate and do not document profiles on the web and subjective criticisms document only: based on: – Facts – Age – Experience – Gender – Qualifications – Protected Class Affiliation Jumpstart-hr.com | twitter.com/jumpstarthr | 301-910-8660

Protect Your Organization from Non- Compliance• Never recruit “strictly” • Test your recruiting online. That’s a practices to ensure that compliance no-no. they do not indirectly• Offer paper/walk-in discriminate against any application even if it is eligible job search more tedious than population. online application. Jumpstart-hr.com | twitter.com/jumpstarthr | 301-910-8660

Protect Your Organization from Non- ComplianceWhen in doubt: Hire a knowledgeable Consultant! Jumpstart-hr.com | twitter.com/jumpstarthr | 301-910-8660

Contact Jumpstart:HRTo request more information or consultation on: Joey Price, MS, PHR CEO, Jumpstart:HR www.jumpstart-hr.com jprice@jumpstart-hr.com | 301-910-8660 Jumpstart-hr.com | twitter.com/jumpstarthr | 301-910-8660

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Legal Implications of Social Media Recruitment

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