Thursday, February 11, 2016

Is That Recruiting Technology Compliant?

There is some cool recruiting tech out there.  Swipe, for example, a Tinder-like mobile app, allows hiring managers to “swipe right” for the applicants they are interested in. It also has a built in job-matching algorithm. Another example is RolePoint, which captures and uses the networks of current employees to enhance employee referrals, which are among the best sources of hire.  TalentDojo connects individuals already interested in a company with a talent community, engage those individuals in discussions with the company, and build relationships that can turn into job matches in the future. 
  • Our concerns about these and similar technologies is their impact on the hiring employer’s compliance with employment laws.  Employers have obligations to track candidates, assemble and report EEO data, and maintain necessary records. The use of technology doesn’t change those obligations.  It may be the case that the vendors of recruiting technology understand employers’ legal obligations, but compliance is ultimately the employer’s responsibility and should always be top of mind when selecting new tech.  So, recruiters, here are critical things to keep in mind:
  • Under federal law, private employers with more than 15 employees must maintain employment records for one year.  This includes keeping all applications, even those from individuals who could be considered “internet applicants.” It also means that employers must keep job postings, any employee referral information, and selection documents.  Comparable state laws may have similar recordkeeping requirements.
Federal contractors have additional recordkeeping requirements. Since March 24, 2014, federal contractors have been required to keep track of the number of applicants who self-identify as individuals with disabilities, the total number of job openings and jobs filled, and the total number of applicants for all jobs, among other things.  Contractors must retain these records for three years. 
  • Given these requirements, individuals involved in the selection of new hiring tech should ask the following questions of vendors:
  • Are we able to track all the individuals who express interest in a position and whose information we review?
  • If required to do so because we are a government contractor, can we collect information on race, sex, disabilities, and veteran status at the time of application?
  • Where is our recruiting information stored,  and how can we access it?
  • Does the vendor contract require the vendor to maintain and provide access to required information? 
  • Will the vendor indemnify us if records are not available, if they are improperly accessed or disclosed, or if they are not in a format that can be presented to the EEOC, OFCCP, or other government agency?
Last year, the EEOC announced that it had filed suit against a janitorial and facilities management company for its failure to maintain application records. Such enforcement actions are not unusual, and are not inexpensive or easy for the employers they target.  By asking the right questions and always keeping compliance obligations in mind, employers can minimize the risk of becoming an enforcement target. 
Please join us on February 23, 2016 for a webinar on the innovations in recruiting and anti-discrimination law compliance.  Kate Bischoff will be joined by recruiting expert Andraya Thompson to discuss innovative techniques to find quality candidates while remaining compliant. 
Posted by Kate Bischoff