Whether you’re a small business owner or a human resources leader, you might be surprised to hear that the EEOC Office of Legal Counsel has taken time to weigh in on the legality of incorporating video into your recruitment process. This is more important now than ever before as the recruitment industry has been turned on its head and required to reinvent nearly every step of the traditional process in light of the recent climate. Here’s what you need to know on how to avoid discrimination in the hiring process.
#1 – Anti-discrimination laws still apply
The EEOC has been very clear in its perspective that employers are held to the same standards when using video resumes or video interviewing platforms as they were in the past, which means you should avoid interview questions that increase the likelihood that discrimination will occur and be sure to ask consistent and job-related questions of all candidates. Having more than one person attend the video interview and/or weigh in on the video resume can help reduce the impact of implicit bias.
#2 – Disparate impact claims may arise
Any time you choose an interview platform that isn’t available to people of all socioeconomic classes or disability statuses, you increase the risk of disparate impact and open yourself up to disparate impact claims. This doesn’t mean that you can’t move forward with video interviews, but it’s important that you offer alternative interview platforms for those who need it. That means that when you schedule the interview, you should engage in dialogue surrounding the feasibility of the interview for the candidate. Do they have internet access? Access to a computer? Do they need reasonable accommodation? Document that you’ve engaged in this discussion, any requests made by the candidate, and any adjustments or accommodations granted by the employer. The same goes for a failed pre-employment assessment test.
#3 – State laws may prohibit recording
While recording an interview might provide greater convenience for those whose schedules don’t allow them to be present for the live interview, it’s important to research and understand state wiretapping and privacy laws before you click that record button. Most typically fall into one of two categories: one-party consent, in which at least one party involved in the conversation must have consented to the recording for it to be legal; or two-party consent, in which all parties involved in the conversation must have consented in order for recording to be legal. Using compliant interview software can help ensure that all parties have consented if you choose to record and prevent any risk of litigation related to recording the interview itself. You can review state laws here.
#4 – Monitor for discrimination when using AI in the recruitment process
Artificial intelligence has taken a front seat in the recruiting realm in recent history and can be a valuable tool for employers, either applied in the paper screen or video interview steps in the process. AI can identify clues that the human eye may not detect, like dishonesty while answering interview questions, but it can also lead to adverse impact without careful monitoring. Choosing an AI vendor who understands the disparate and adverse impact and monitors those who are not selected to identify trends can mitigate risk and ensure equity in your hiring practices.
- As the climate changes, you must reinvent your screening and selection processes to stay effective
- As you evolve to include video interviewing, video resumes, and artificial intelligence, diligence will be key to preventing legal issues
- HR Data Solutions is your partner for revolutionizing the recruitment process and interview best practices
How to know when to stop interviewing is a post we did to help with this question.
To learn more or get started, visit the experts at HR Data Solutions today!