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Legal Implications of Social Media Recruitment

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Legal Implications of Social Media Recruitment

  1. 1. 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
  2. 2. What You’ll Learn: 1. Hidden dangers of social media recruiting (and in person) 2. HR Law that transcends social media recruitment 3. Suggestions for safe- guarding your social media recruitment process Jumpstart-hr.com | twitter.com/jumpstarthr | 301-910-8660
  3. 3. Hidden Dangers of Social Media Recruiting • Discrimination – Against Protected Classes • Disparate Impact – Against Ethnic Minorities and Women Jumpstart-hr.com | twitter.com/jumpstarthr | 301-910-8660
  4. 4. Discrimination Against Protected Classes Q: What is a protected class? A: Protected class is a term used in United States anti-discrimination law. The term describes characteristics or factors which can not be targeted for discrimination and harassment. Jumpstart-hr.com | twitter.com/jumpstarthr | 301-910-8660
  5. 5. Type of Protected Classes and HR Law: • Race - Federal: Civil Rights Act of 1964 and the Civil Rights Act of 1866 • Color - Federal: Civil Rights Act of 1964 • Religion - Federal: Civil Rights Act of 1964 • National origin - Federal: Civil Rights Act of 1964 • Age (40 and over) - Federal: Age Discrimination in Employment Act of 1967 • Sex - Federal: Equal Pay Act of 1963 & Civil Rights Act of 1964 Jumpstart-hr.com | twitter.com/jumpstarthr | 301-910-8660
  6. 6. Type of Protected Classes and HR Law: • Familial status (Housing, cannot discriminate for having children, exception for senior housing) • Sexual orientation (in some jurisdictions and not in others) • Gender identity (in some jurisdictions and not in others) • Disability status - Federal: Vocational Rehabilitation and Other Rehabilitation Services of 1973 & Americans with Disabilities Act of 1990 • Veteran status - Federal Vietnam Era Veterans Readjustment Assistance Act of 1974 • Genetic information - Federal: Genetic Information Nondiscrimination Act Jumpstart-hr.com | twitter.com/jumpstarthr | 301-910-8660
  7. 7. 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
  8. 8. 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
  9. 9. Disparate Impact on the Web: Jumpstart-hr.com | twitter.com/jumpstarthr | 301-910-8660
  10. 10. Disparate Impact on the Web: Jumpstart-hr.com | twitter.com/jumpstarthr | 301-910-8660
  11. 11. Disparate Impact on the Web: Jumpstart-hr.com | twitter.com/jumpstarthr | 301-910-8660
  12. 12. Disparate Impact on the Web: Jumpstart-hr.com | twitter.com/jumpstarthr | 301-910-8660
  13. 13. 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
  14. 14. Protect Your Organization from Non- Compliance • Remain objective when browsing candidate profiles on the web and document only: – Facts – Experience – Qualifications • Refrain from including and do not document subjective criticisms based on: – Age – Gender – Protected Class Affiliation Jumpstart-hr.com | twitter.com/jumpstarthr | 301-910-8660
  15. 15. Protect Your Organization from Non- Compliance • Never recruit “strictly” online. That’s a compliance no-no. • Offer paper/walk-in application even if it is more tedious than online application. • Test your recruiting practices to ensure that they do not indirectly discriminate against any eligible job search population. Jumpstart-hr.com | twitter.com/jumpstarthr | 301-910-8660
  16. 16. Protect Your Organization from Non- Compliance When in doubt: Hire a knowledgeable Consultant! Jumpstart-hr.com | twitter.com/jumpstarthr | 301-910-8660
  17. 17. Contact Jumpstart:HR To 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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