Because of the high visibility and
ROI importance of social recruiting within the employee lifecycle, many
HR social media efforts begin here. So where do classic issues of bias
and disparate treatment fit in. The answer appears to be very clear
and yet very murky. So I talked to an expert on the topic, Lisa Harpe,
a PhD industrial psychologist who has spent the last year researching
this topic at her employer, Peopleclick, one of the leading suppliers
of talent acquisition software. Anyone who is considering the first
few steps down the path of social recruiting should pay close attention
to this whole topic as this area will continue to evolve quite rapidly
in the years ahead.
Where should one start their efforts?
Lisa: Every company that is
doing any type of social recruiting should make sure that they have
a clear set of policies and procedures in place. Everything else flows
from that. And without this foundation, you will be on the defensive
if you have any charges against your company concerning bias and unequal
treatment.
Any other tips to someone just starting
out?
Lisa:
Everyone should understand how they are using social media. You may
use it to gather information about candidates. You may use it to solicit
candidates. You may actually use it in the hiring process. Depending
on the answer to this question, you will have to adjust your policies
and procedures accordingly.
How can you avoid using readily
available information on-line that can be the major source of bias in
a hiring decision?
Lisa:
I recommend that you setup a Chinese firewall between the collection
of information and that those that make hiring decisions. If one person
is responsible for collecting uniform information about everyone on-line,
it eliminates the appearance of bias and favoritism if the hiring manager
is doing on-line research about candidates.
What type of records should you
keep?
Lisa:
This goes back to the policies and procedures that you setup in the
beginning of your effort. You should research the record-keeping requirements
mandated by federal and state regulations
and incorporate these requirements into your policies and procedures.
And then you need to make sure that these policies and procedures are
being consistently followed. Organizations can create legal challenges
by failing to consistently record information laid out in their own
policies.
What are the laws that are most
relevant?
Lisa:
In the U.S., the most relevant laws are Title VII which prohibits discrimination
on the basis of race, color, national origin, religion and sex. The
Age Discrimination in Employment Act
(ADEA) prohibits discrimination based on age and
the ADA prohibits discrimination on the basis of disabilities. Federal
contractors must comply with Executive Order 11246, which, similar to
Title VII, prohibits discrimination on the basis of
race, color, national origin, religion and sex.
If you do international recruiting, country-specific
laws may apply. The over arching principle is that the same considerations
of bias apply to social recruiting as they do to more traditional methods
of recruiting and hiring.
What about the issue of references?
Lisa:
Social websites provide a list of potential references that may provide
insight into the performance of the individual prospect. Without proper
rules and training, hiring managers may take things into their own hands
and use potential references in a manner which hurts candidate relations
or runs afoul of the law. You can quickly develop a wild wild west culture
where anything goes. Reference questions must be limited to fact-based
questions with specific applicability to the job.
Have legal precedents been set?
Lisa:
To my knowledge, very little legal precedence has been set because these
processes are so new. It will take some time for cases to make it through
the courts providing some legal guidelines. For the time being, taking
what you know about traditional hiring and applying the same principles
to social recruiting will keep you safe from most legal challenges.
Any final
“golden rule” suggestions?
Lisa: Yes, always treat everyone
the same. If you have a well defined process for selecting candidates
and reaching hiring decisions, you have already gone a long way towards
keeping yourself safe from most types of challenges. The second half
of this golden rule is keeping enough documentation to show that you
have always acted in a fair and consistent fashion will be very valuable
as well.
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