In Yesterday’s Advisor, attorney Terry Solomon delved into the issue of Web 2.0 privacy. Today she covers legal dangers associated with online reference checking and video résumés.
The main legal pitfall around online reference checking is discrimination, says Solomon. (Solomon and colleague Philip L. Gordon, shareholders in the Littler law firm, gave their suggestions at the recent SHRM Legal and Legislative Conference in Washington, DC.)
When you go online to check references, she says, you are likely to discover “bad” information not otherwise known, such as posts revealing a disability. Consequently, hiring decisions may be based (or may appear to be based) on information not intended or appropriate for consideration.
Further, using the online resource almost guarantees inconsistent use, as some people’s information is readily accessible, while others’ information is not available at all.
To be as consistent as possible in visiting social networking sites, choose one of the following approaches, says Solomon.
- Provide notice and ask for permission.
- Access before there is a chance to modify.
- Access after there is a chance to modify.
- Access without notice, but provide an opportunity to respond.
- Access without notice, and provide no opportunity to respond.
- Do not access at all.
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One FCRA Twist
There may also be a Fair Credit Reporting Act (FCRA) issue, says Solomon. It’s possible that search sites might be considered “consumer reporting agencies” and the search results furnished by third parties might be “consumer reports.” That would, of course, trigger the notification requirements of FCRA.
What about Video Résumés?
Video résumés, says Solomon, involve risks similar to those involved with online reference checking:
- They will likely provide information about the job candidate that is not job-related and not a lawful basis for a hiring decision.
- They may provide an unfair advantage to the wealthy, creative, or able-bodied.
If you do choose to view video résumés, says Solomon:
- Set up criteria to ensure uniform treatment of similarly situated applicants.
- Standardize your record retention procedures for the video résumés.
- Check with your IT people concerning anti-virus protection.
- Consider the burden that accepting video résumés may put on the hiring process.
What’s Most Important with New Technology?
Probably the most important thing is to think through your approach as you begin to use new technology, says Solomon, and be sure to be consistent in the way you treat applicants and employees.
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Video résumés and Web 2.0—just some of many topics you need to cover with your already-overworked supervisors. This is especially true when they’re new to the job, and they don’t know how to handle interviewing and reference checking (or firing, Family and Medical Leave Act (FMLA) issues, harassment complaints, or accommodating a disability, for that matter).
It’s not their fault—you didn’t hire them for their HR knowledge—and you can’t expect them to act appropriately right out of the box. But you can train them to do it.
To train supervisors and managers effectively, you need a program that’s easy for you to deliver and that requires little time from busy schedules. Also, if you’re like most companies in these tight budget days, you need a program that’s reasonable in cost.
We asked our editors what they recommend for training supervisors in a minimum amount of time with maximum effect. They came back with BLR’s unique 10-Minute HR Trainer.
As its name implies, it trains managers and supervisors in critical HR skills in as little as 10 minutes for each topic. 10-Minute HR Trainer offers these features:
- Trains in 50 key HR topics, including manager and supervisor responsibilities under all major employment laws and how to legally carry out managerial actions from hiring to termination. (See a complete list of topics, below.)
- Uses the same teaching sequence master teachers use. Every training unit includes an overview, bullet points on key lessons, a quiz, and a handout to reinforce the lesson later.
- Completely prewritten and self-contained. Each unit comes as a set of reproducible documents. Just make copies or turn them into overheads, and you’re done. (Take a look at a sample lesson, below.)
- Updated continually. As laws change, your training needs do as well. 10-Minute HR Trainer provides new lessons and updated information every 90 days, along with a monthly Training Forum newsletter, for as long as you are in the program.
- Works fast. Each session is so focused that there’s not a second’s waste of time. Your managers are in and out almost before they can look at the clock. Yet they remember small details even months later.
Evaluate It at No Cost for 30 Days
We’ve arranged to make 10-Minute HR Trainer available to our readers for a 30-day, in-office, no-cost trial. Review it at your own pace and try some lessons with your colleagues. If it’s not for you, return it at our expense. Go here and we’ll set things up.
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