Ethical and Legal Recruitment Considerations

As a trainer in behavioral interviewing techniques at our organization, I am still continuously surprised by the inappropriate questions that we catch managers asking candidates.  Often times, they have rationalized why a question is relevant to a position without true consideration of the legal and ethical implications.  In order to spark discussion during class, I usually assign pre-reading of the following USATODAY article. 

http://usatoday30.usatoday.com/careers/resources/interviewillegal.htm

Part Two of the NAHCR Recruiter’s Handbook Legal and Ethical Issues for the Recruiter is also a valuable reference resource.  This includes chapters on the hiring process, federal employment laws, and immigration laws.  You can order a copy at http://www.nahcr.com/Documents/Recruiter%20Handbook%20Order%20Form_0612.pdf.

While the majority of the time these illegal questions that pop up are unintentionally asked, they can still place a company or organization at risk of a claim with the U.S. Equal Employment Opportunity Commission.  What resources do you use in your organization to educate hiring managers regarding legal interview questioning?  Have you seen any recent publications on this topic that you think would be helpful to share?

 

Melissa Marrero RN-BC, BSN