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
social media recruiting
(and in person)
2. HR Law that
transcends social
media recruitment
3. Suggestions for safe-
guarding your social
media recruitment
process

Hidden Dangers of Social Media
Recruiting
• Discrimination
– Against Protected Classes
• Disparate Impact
– Against Ethnic Minorities and
Women

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.

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

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

Danger, danger!
• When you use social networks to recruit
online, you expose yourself to information
regarding a candidate’s affiliation with a
protected class.

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.

Disparate Impact on the Web:

Danger, danger!
• When you use social networks to recruit
online, you must ensure that there is fair and
equitable access to your application.

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

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.

Compliance
When in doubt:
Hire a knowledgeable Consultant!

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

Legal Implications of Social Media Recruitment

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Legal Implications of Social Media Recruitment