I view men and women as equal. There are differences but celebrate the differences! We don’t want to be exactly alike.

Aside from the places where I jumped and skipped and skimmed because of time pressures, there was no point I truly missed.

Kevin’s article discusses some common sense yet innovative ways to address employment, recruiting, and management issues in the workplace while keeping the atmosphere fair and ethical. More importantly, he talks about strategies for creating an ethical culture by using these tactics that should be one’s way of doing business in the first place.

It is a very good article. It’s an excellent reminder of the basics we all have at our fingertips.

Viva

As usual, thank-you for keeping us informed, or per your admonishment, trying to keep us informed. But please, don’t give up on us.

All the Best,
Jon

In regards to lack of knowledge it is indeed disturbing at the unawareness of legal responsibility with regards to several concerns. What even is more shocking is that recruiters and companies don?t realize that if their client/ or recruiter is investigated, that the investigation can ultimately follow downhill ? fingers will be pointing at you.
What is an applicable cause for alarm, is how many recruiters will continue to perform some of the following practices, and what I have found in my conversations is that this is mainly due to lack of knowledge or information.. not because of bad intentions, but just that they don?t realize the subsequent -

1 Recruiters following client requests for H1 Visa, minority only candidates.. Reverse Discrimination
2 Though laws vary from State to State, many recruiters don?t realize that there are many States that require licensing for TPR?s, and practicing w/o a license in a State that requires one can become difficult for that TPR should they ever need to get legal remedy
3 Many States monitor or set a limit on fees and guarantees ? Yes, for Search Firms, not only Staffing or Legal refunds to the Client.
4 Some States require that a number must be listed with a job ad, this requirement is added emphasis that there must be a job if one is advertised, as almost every State, if not all, have laws against posting fraudulent ads. . Many states have laws requiring employment agencies to keep records of the jobs they advertise. This is to make sure that all such positions are legitimate openings
Other States require that the company disclose their name, and that they are Not the Employer in the ad This disclosure requirement gives the consumer added information before he or she pursues that job
5 Some States require Bonding by the agency if there is going to be a fee to the candidates.
6 Most States have laws against directing an applicant to an employer in order to obtain employment without first having obtained a bona fide order for the job – One exception to this is that an agency may direct an applicant to an employer who has previously requested that qualified applicants be sent. In the event that an applicant is referred to an employer who neither had a bona fide order for the job nor had requested that qualified applicants be sent, and the applicant does not obtain employment, the applicant is entitled to reimbursement for the travel expenses incurred within 24 hours of demanding it.
7 ? It is a crime of assisting companies to replace employees involved in a labor dispute. Many States have law makes its unlawful for any person, firm or corporation that has ‘not been directly involved in a labor strike or lockout’ to recruit or bring in employees to help cross the strike lines.
8 What is also interesting to note is that many recruiters don?t realize that the EEO and FCRA apply to them as well as the FTC.. and the implications that come from not abiding. Many think that because they don?t hear about the lawsuits, that these lawsuits happen rarely.. Not so! Let?s be honest, will you publicize the fact that you were sued? Would you want your clients to know and be concerned?
9 ? it is indeed a federal crime in the U.S to lie to gain company information. Unfair competition is also indeed illegal in the U.S. Data Breach Laws are not only Federal, but are enacted In many State Jurisdictions. So be careful what you ask candidates in interviews.
10 ? It is also illegal in most States to submit information to a client when You are aware that the information is Not accurate, and that the candidate lied.
11 TPR?s can be held liable for contractual interference.
12 ? Contract Recruiters are as legally responsible to uphold to the OFCCP compliance, as their ?employer?
13 Some States like NY for example say it is illegal for licensed employment agencies to induce an applicant to terminate current employment in order to obtain other employment from the employment agency. .

14- Many contract and independent recruiters are mis-classified so that the companies can have tax breaks, and of course if a recruiter is dealing with companies who are misclassifying their contract workers there legal responsibility can trickle down. One in seven companies misclassifies its contract workers, most without realizing it
–
A -Recruiters should NOT be paid on straight commission.. WOW! Yes, that is right, recruiters are entitled to earn minimum wage like anyone else, and should be guaranteed at least 455 a week.. if they are working directly as an employee. Inside sales people MUST be compensated at the minimum One and One Half the applicable minimum wage for all hours worked if they have not reached any sales goals within three months
There are 20 factors that are used by the IRS on a Case by Case basis.. Isn’t the law ambiguous.. Independent contractors do not have to satisfy all of the twenty common law factors. It is best to think of the factors as weights on a balance scale.
As per the IRS
‘Who is an Independent Contractor?
A general rule is that you, the payer, have the right to control or direct only the result of the work done by an independent contractor, and not the means and methods of accomplishing the result.’
Facts that provide evidence of the degree of control and independence fall into three categories: behavioral control, financial control, and the type of relationship of the parties.
And Yes, Many States Do require respect of the Privacy of Candidates AND Client information. Including how it is managed, handled, and distributed.
Some states even Require that Candidates must be informed Before submittal of resume ? YES even including if their resume is on the net.. (Horror stories of candidates being submitted to sister companies, and the recruiter was not aware due to lack of knowledge, which resulted in the candidates to lose their job)

Many of these may seem Unethical to some; others may read this and think this really isn?t a big deal.. My focus on this, is that indeed, there are so many issues we are dealing with, and this long post was just scraping the barrel of how much information there is that we in this industry should be required to know? but yet, it seems to avoid many, maybe, it is because they don?t realize the risk factor, or the expense that is associated in getting involved with these legal issue. Ignorance is not an excuse and The expensive road to the courthouse is paved with good intentions.
It isn?t just about ethics folks, because as it has been stated earlier, ethics and law do indeed go hand in hand, especially in this industry, as there really is a fine line between the two?

If you have questions on what your state requires or whether the agency you are dealing with conforms to the law, contact your state employment department, local Better Business Bureau, or attorney general’s office.

Karen M

I’ve read you recent posts and feel I must comment. I’m very sorry that your experiences with corporate HR employees have been (in almost every case it seems)negative but dont paint us all, or even most of us, with the same brush.

Im sure that there are many unprofessional recruiters / HR staff out there but your experience (like mine) is of a very very small percentage of them. While my experiences have been mainly positive, yours have been negative so I feel obliged to offer to let you speak to some of the wonderful HR / corp recruiting folks that I know. The same goes for a large percentage of the great Third Party Recruiters I know (which in the grand scheme is but a very small percentage of the TPRs out there).

I’m not sure that HR professionals have to be ‘licenced’ in any state, they typically must abide by professional ethics and standards protocols set out by their employer.

Remember, before any of us generalize about ‘all’ or ‘the majority’ or ‘HR’ please remember that we as an individuals deal with a tiny percentage of folks out there.

I hope that your next HR and corporate contacts become positive and I wish you a better 2007.

Best Regards,

Eamonn Coleman

In Canada and France….Our Federal Governments have passed laws concerning Candidates Privacy. There is no mention of Privacy in this article…..which I think is critical today. It appears that The United States government is not concerned about people’s privacy….whether it is infridged upon corporate recruiters or 3rd party agencies. Some job seekers have been fired by their present employees after it has been disclosed their present intentions to leave the companies.

There is no law against lying and cheating. However there should be laws in the United States……to ensure private information concerning applicants information be held in strictest confidence…..There should also be a time limit……..to ensure that companies……..clearly state on their website how long job applications are kept on files last…….. I am always puzzled when a company says to me …I have this applicant’s resume yet has not taken the time to contact this individual in 2 years…

Is this ethical behaviour on part of a Corporate Recruiter whose company’s policy states they own resumes…….yet don’t even bother contacting candidates? No

Is this ethical that a corporate company actually uses the services of a 3rd party agency to find the qualified candidate who happens to have applied to a company 2 years ago…..and is being denied the opportunity of being recognized for his/work…..Guess what? The company hires this individual? IS This UNETHICAL? No way. Is it legal? Well, I can assure you that I read every contract that is offered to me by any corporate and will simply not sign a one sided contract. I go one step further….I will refuse to work with this type of company in the future.

Unethical behaviour may be legal but the damage to reputation will be enormous to company, employee…candidates talk to other people…other 3rd party agencies talk to other people…and advise strongly not to work with these type of companies.

Is it ethical to ask a competitor’s key employer…insider competitive information that can compromise their existing competitive position? NO Yet it happens more frequently than we care to admit….

Is it ethical to call references prior to having permission from the candidate receiving any formal job offer? No although most companies feel entitled to do this with or without the authorization of the applicant.

We can certainly debate this issue till the cows come home…however the reputation of a company will suffer when it treats people badly whether they be suppliers, 3rd party agencies…….or other corporate managers….

There has to be a clear guidelines and standards not just focussed on 3rd party agencies but corporate recruiters who are giving their company a negative reputation in the business world.It is my understanding that Corporate HR professionals do not have to be licenced in some U.S states. I was quite surprised to discover this when I in the mist of filing a complaint against an HR Manager in the State of New Jersey concerning privacy issues.

If a company states that Talent is so important why does it continue to hire poorly qualified HR Staff? 3rd party Agencies are not the problem. This is where the problems begin.

Josie Erent
President
Talented Minds
Division of Silicon Executive Search Inc.
416-232-0600

Thank you immensely for you post. I read it with great joy and hope that someone else out there understands the hyperbole associated with this topic.

By the way, it was very clear you went out of your way to avoid ‘attacking’ anyone.

Happy Hunting!

What do you think that I am doing here! Of course I am promoting ? Advocating Education, Ethics, Values and Standards in the recruiting industry. Do you think I am doing this for my health? For 7+ Years I have been consistent with the Same Message, which we have seen by these articles these issues go back for some time. (for your reading pleasure, I only put up more recent data, but have observed articles that were older than a decade plus)

BTW This business about you saying I am attacking people like Maureen, where have I attacked Maureen? Maureen and I have been discussing these issues on a Regular Basis.. So where is Your Data?

Indeed, I am not attacking People, but attacking unethical PRACTICES that are harmful to the industry. Those Articles speak well for themselves, and the links were presented so that the public can make their own decisions. Personally Think that the Credence of the articles, authors, and the Publishers speak loudly enough for themselves about the public concern of this industry..

There is an old adage that goes it only takes ONE bad apple to spoil the whole bunch!

As the saying goes – Adages are short, but memorable sayings, based on an important fact of experience that is considered true by many people

So, I guess, if you want statistics, speak to your clients, your candidates, and create your own!

Please, don?t take my word for it, who am I? just a li?l ole recruiter who is just expressing her thoughts and observations from a tenure in this industry, and hearing these same horror stories from Clients and Candidates. Many recruiters and H.R on this very board have shared their same observations..

My question to you though, is why do you seem to have such a grudge with me? Wow, it seems that everywhere I turn, there you are with a personal attack.

Were we married once in a former life that I didn?t know about.. and gee, was the divorce that bad?

Hope You have a Pleasant Holiday, and Your New Year is even brighter than the last.

Karen Mattonen

Now I have to take time out of my day to analyze what you’ve written…

First, let’s look at ‘articles written by very noted public magazines, and not so public so you can make the decision for yourself.’

1. Monster – what good and bad recruiters do: Fair enough. But how often do these bad behaviors arise? Anyone have data on it or is it as often as bad behavior in other fields? I’m by no means condoning it – just looking for a little dose of perspective.

2. Bill Guy’s all-around-the-Internet 2002 article on a survey of ‘100 Managing Directors of Cornerstone International Group’s offices around the world’: 25 issues that amounted to complaints by CEOs of client companies. Fair enough. As more customers become educated, the marketplace will little by little rid itself of bad behavior. But I again ask the question, where’s the data? Bill wrote, ‘As these firms intensely compete for market share, far too many of them cut corners in order to obtain assignments and/or fail to maintain the highest standards of performance, once they are awarded such assignments.’ Fair but where’s the data.

3. Recruiters in Sheep’s Clothing, 2000: No issue here about things that some recruiters do. Again, how many do it?

4. Nick C. takes his swings as Sully and Homula: 12 comments, all reasonable. Now don’t get me wrong – Nick’s a very good writer and a great marketer. But hostilities aside, how many recruiters recruit unethically? Where’s the data?

5. Workforce – Fight Dirty Hiring Tactics, 2001: I really enjoy Workforce’s articles – receive their emails every day they’re published. Pretty much the same content our esteemed friend Kevin Wheeler used in this article. ‘Several recruiters interviewed for this story said it isn’t uncommon to pay employees thousands of dollars for copies of their companies’ phone directories, or to offer a ‘bounty’ to new hires if they bring along others from their former jobs.’ Recruiters were interviewed and said that directory selling was not uncommon – I agree. But how many? Where’s the data? (I remember John Sumser writing an article back in 1996 or so where one HR Manager complained that using x-ray, flipping, etc. techniques was like taking someone’s wallet off a table. Plain and simple, it was stealing. No standards were created to tell recruiters and sourcers what they could and could not do on the Internet yet over time companies grew wise and closed most of the doors.)

6. Jobbed by your search firm: Great article – why I subscribe to CFO.com and it’s many newsletters. ‘To be fair, grousing about consultants has practically become the national pastime of corporate executives. And like any other services sector, you’ll find both good and bad executive placement firms. The fact is, it’s easy to run across good and bad recruiters within the same firm.’ ‘Indeed, one Chairman and CFO, Robert Williamson of CityMerch Corp., believes many job searches go awry because corporate clients simply aren’t candid about what they want. And in reality, it’s nearly impossible for a business to uncover qualified candidates for an executive level position without engaging a top search firm.’ Sure the article contains a few examples of stupid things recruiters do – and companies too – but it is more about the collaborative nature of the relationship between the company and the search firm. Again, no data.

7. BBB. The BBB has 138 articles on a variety of businesses. We’ve been over the BBB’s data ad nauseum and if one reads the follow-ups and gets into the tables, you find that so many complaints are filed as non-issues after being investigated by the BBB. If you force me to, I’ll pull the data and show how after investigation, employment services end up being very low down on the bad list. The reason there are complaints is that in addition to bad recruiting firms (again, how many are bad versus good according to the definition of our industry expert?), many people just complain because perhaps they didn’t get the job they wanted or the level of service they believed they deserved. I’m not blaming the candidate; it’s just that without real data – you just don’t know.

8. Emma Brierley, great idea but if you’re inviting PR folks why not be able to quote data that demonstrates how much of an issue ethical behavior is in our industry? Otherwise, it’s just self-aggrandizing chest beating – ‘See? We really do care about ethics because we now have a code!’ But no data.

These are the kinds of articles that are picked up by the lay public as evidence that we have a pervasive problem in our industry. So many of these ‘ethical’ issues are gray areas – and use or non-use is a personal choice.

The difference is that I do read the articles and follow-up by looking at the surveys, their details, the data collection and analysis procedures, making the calls, etc. My final stop is never at the hearsay station.

No one EVER said that ethics shouldn’t be part of our discussions – nor that some behave badly. We all know some do. But your incessant attacks against people like Maureen the Queen – who provides more of herself in 5 minutes than any member of the recruiting community does in lifetime – on her ability to perform in ways that very few can (which is why her business is flourishing) shows me that your crusade is less about ethics than it is about self-promotion.

To even intimate this displays a level of naivet? that is quite hard to fathom in a recruiting professional.

To those reading this: Despite what you believe to be the case, DEMAND THE DATA. Then interpret with your own filters. A final thought – if our intuitions are so darn good, then why is the divorce rate so high?

Remember, the truth will set you free…

[another hour shot to hell]

In regards to opinion; let?s not discount opinion. It is the opinions and voices of the recruiters, the clients, and the candidates that count. This is a HOT topic, because there are many of us that recognize the need.. Data is created by opinion, by the voices.

Data can also be recognized due to the no barrier, easy entry of this industry. That creates lack of knowledge, information, and understanding..

Ethics is indeed a topic in EVERY professional industry.. so why not ours?
Why should it not be an important topic? Especially when we consider what we do for a living.. the effect and impact a recruiter has on another life? And when we add the fact that there is limited education and knowledge.. with easy entry of this industry, and the sensitive nature of our work, the money involved.. what is created can be indeed can be considered Chaos..

Yvonne, am I the ideal example of an ethical recruiter.. Well, Yvonne, I am human, but I will say, I try, every day of my life to remember to be as honest as ethical as I can be. Not to do anything that I would be embarrassed to tell my mom.. The same principles I teach my kids, and to treat another the way I would want to be!

.. the main thing is I AM a recruiter. I know what it takes to be one, as I practice it every day in my life.. It is HOW I earn my income and pay my bills. I know the process, understand the process and IMPLEMENT the recruiting tactics on a daily basis. I know my job and have been successful at it even through several recessions. I have studied and learned from the best in this industry, and have implanting and practicing those techniques on a daily basis. Am I an expert, hmm, that can be objective and subjective, but I do know that I am very good at my job, and have over a decade of successful continuous experience, which my clients have appreciated.

Even though I am a specialist in HVAC, I would never consider going to one of their meetings and tell them how to implement processes in their activities, because I don?t do their job, and am not facing the strives that they face every day! I would not even consider thinking about it.. and they would not appreciate it either. They know, just as I do, I could not even fathom or understand the trials they face every day!

I close with I cannot understand why anyone would question the need for discussion of education or ethics in ANY industry, especially a professional industry like ours that has imbedded within it obligations for legal, ethical, and personal responsibility!

This conversation is necessary, and based upon the many posts one will see on the net regarding this topic obviously the public agrees!

[read the following for more info on how convoluted the whole thing is and what some are doing – or suggesting – to make things better:

http://www.cfo.com/article.cfm/8433879?f=blog
http://www.cfo.com/article.cfm/8370427?f=related

Congress created this mess as a knee-jerk reaction to a relatively small number of companies who behaved badly and as a result even the innocent ones have been forced to expend insanely large amounts of money to staff up in response to SOX 404. Thankfully, some of these oppressive statutes will receive more of a reality check and will be toned down.

Back to the article and commentary…

So where is the data that demonstrates that we have an ethical problem in our profession – J.D. Powers, where are you? Data, not feelings, not opinions.

What percentage of recruiters belongs to NAPS, AESC, etc. – so we know how many have taken a blood oath to ethical behavior?

The problem with the past year’s discussion – which BTW I consider one of the top 10 issues in recruiting for 2006 – is that it’s been pretty much the same group of people all year long. The vocal ones always get involved and the fervor generated might make the fringe folks think ‘hey, if so-and-so says there’s a problem then there must be a problem.’

Has the discussion made people more aware of the potential for unethical behavior – maybe, maybe not. But where’s the data that demonstrates we have a problem – and not the result of protracted chest beatings?

We did a survey and asked several viewers feedback on both the survey, in person and at the webinar, we were able to gain information from the public

The request for more education was defintely one of the biggest requests.. that is why we created the second webinar that had 450 people who signed up.

Other noted points we gained was the number of recepients who admitted that they were surprised to learn of the liability to recruiters, the lack of knowledge that they or friends had, the need for more exposure of education of the industry.

Ethics and Law go hand in hand in this industry. Simple things like respecting clients wishes and submitting candidates based upon age, sex and discriminatory issues, may seem unethical, but are obviously illegal

So is misrepresenting employment data and information to a candidate. Lying to gain confidential information from a company – as well as misrepresenting Candidate information. Blackmailing clients to either work with you or you will recruit.. well that is obvious..

Some things recruiters do are indeed noticed by the public, but let’s look at a couple of articles written by very noted public magazines, and not so public so you can make the decision for yourself..

http://internet.monster.com/articles/dealmakers/ Wanted: An Honest Recruiter

http://www.recruiter.com/magazineonline/062002_feature_perm_2.cfm ERODING ETHICS OF EXECUTIVE SEARCH (permanent feature)

http://www.computerworld.com/careertopics/careers/recruiting/story/0,10801,46806,00.html Beware recruiters in sheep’s clothing (sorry this one is 6 years old, and may be considere data, but honestly these same tactics are still being used today.. not much has changed since then)

http://www.asktheheadhunter.com/newsletter/OE20050913.htm Deceptive Recruiting Practices
Readers’ Comments.

http://www.workforce.com/archive/feature/22/22/64/index.php Fight Dirty Hiring Tactics – Unethical recruiters resort to lies, theft, and bribery to woo away your employees. Here are the tools you need to stop them

http://www.cfo.com/article.cfm/3008858/1/c_2984789?f=related okay, this is 2003, but see the similarities still? You’re Getting Jobbed by Your Search Firm

http://www.bbb.org/alerts/article.asp?ID=268 also cross linked with the FTC; okay, though not SO terrible and article.. yet I find this interesting that considering all the industries in this world, they have one dedicated to this industry.. isn’t that something to chew on

http://www.onrec.com/content2/news.asp?ID=12706 Call for a code of practice to stamp out ?unethical? behaviour in the resourcing sector even in Britain there is a call

Geez the list can go on — so long, and this doesn’t include the private parties blogs, or articles.. But, I hope this helps defines why the need for this topic!

Karen Mattonen.

Why Reinvent the Wheel? These Codes of Conduct are accepted, honored and Revered by the industry… Every Assocition has adopted them — they were written BY RECRUITERS for RECRUITERS –What a concept!!!!!

So, just stick to the basics.. The codes are there, they are our Industry History.. The Associations have disciplinary and advisory boards in place.. They are professional, and know what they are doing. They even ask the Members their opinions and thoughts.. what a concept!

In fact, they are always there fighting the good fight with the Government to prevent future legislations that could further make our jobs difficult.

Take a good look at our codes.. they aren’t outrageous.. they aren’t out of the ordinary. They touch ALL aspects of our job on a daily basis.. The clients, Candidates and Each other..

To reduce them to something lessor will to reduce our industry to a substandard.. are we not a professional industry? Should we not respect what we do, the same way we want our clients and candidates to respect us?

Should not that respect then be earned?

There is no need to reinvent the wheel, but instead, embrace what is part of our history, and implement them in our daily lives..

Link to the recruitng TimeLine http://www.recruitinglife.com/aboutUs/TimeLine.cfm

Even in England.. they have a great history as well In 1930 a group of employment agencies formed the London Employment Agencies Federation (LEAF) This grew and extended it’s membership outside London and eventually changed it’s name to the Employment Agencies Federation (EAF).

Their code of practice? well it is amazing how similar it was to NAPS.

Out of interest, I checked other Countries, Ireland, who has the National Recruitment Federation, Australia has RCSA, recruiting consulting services association, India’s Executive Recruiters Association; and of course so many more.. Yes, they are all very similar..

So, why reinvent the wheel?

Hi Bill

That is what I’ve been endeavoring to do in the Ethics in Recruiting group (’http://www.ere.net/erenetwork/groups/group.asp?GROUPID={91B0648B-7E5F-40EA-9550-958003629FA0}’).

There’s been a lot of unhealthy distraction that’s taken us off task. But I believe the group is poised and very interested in resuming the examination and comparison sans the detours that have plagued the group for the past year and a half.

If you were to class someone as his character a good guy, you are by default labelling the people he steals from as the bad guys and as it is the bad guys generally acting unethical or in the folk tale of Robin Hood case badly, it renders the argument pointless.

The only criminal thing for me about Robin Hood was casting Kevin Costner with his US accent in the role of Robin Hood. Didn?t quite do it for me.

Whilst I do not think that unethical automatically equals illegal, it certainly can do and in some examples we have seen in the past, it gets pretty close. My point however was a comparison of legal/illegal as being a good parallel to consider against ethical/unethical with specific reference to the existence of any grey areas.

I would still welcome any grey area ethical/unethical examples that apply to recruiting practices. Lets have some examples and see whether members of ERE consider them ethical, unethical or grey.

Any other areas of discussion are probably not relevant to this forum including Philosophers, politicians and folk tale hero?s.

One minor point. Robbers probably don’t disagree that robbing a bank is illegal. The laws are pretty clear on this. Robbers may argue that in some cases it is justifiable. But that is more of an issue of social psychology and perhaps not fully relevant here. Interestingly, the character Robin Hood was by his own accounts a thief and a very good one at that. But in the historical accounts, the fact that he deliberately and unjustifiably appropriated and then redistributed money from the rich to the poor (hence he qualifies as a criminal in the strictest sense of the term)somehow makes it OK to use him as an example of one of history’s good guys. I’m not going to shift this to a political discussion but it also sounds to me that if he were alive today and living in the United States, he would likely vote Democrat. Do you think he was a good man or not a good man?

Perhaps there is another example, again, external to recruiting. Sen. Joe McCarthy has become known as the Cotton Mather of 20th century politics. And all things that were bad in politics from the late 1940s to the late 1950s are now someone mysteriously tied to him. It was later revealed that Sen. McCarthy was dead on. And no Democrat nor Republican can or will deny that although he was perhaps not the most diplomatic of men, Joe was right: The Soviets HAD infiltrated the State Department and DOD and there was no poverty when it came to the number of spies or in the depth to which they were able to troll for American National secrets. Simply put, there was an orgy of espionage going on at the State Department and no one was doing anything about it. But Joe had a way about him and in rooting out Soviet spies, he made a few people upset, particularly in the media. Today, when you look him up, or when Brian Williams invokes the term ‘McCarthyism’ on the NBC evening news, somehow it’s pretty clear that what follows is probably suspicious, and by many, deemed unethical. I use this example because I don’t think many people would disagree that getting spies out of our house is a good thing, and a top priority. If it were found out that Osama Bin Laden had successfully planted 56 moles inside of the CIA, just about everyone would agree that the CIA would need to be thoroughly purged before being allowed to re-open for business. But strangely, in the case of Sen. McCarthy, his undoing of the espionage network within our foreign services agency has gone down in history as a bad thing, and he will forever be remembered as a man of questionable ethics. So, in the context of the ethical-gray area discussion, while yes, attorneys do their best to create one and smoothly shift responsibility from one party to another, I can’t say that a gray area does not exist by its own rights. Additionally, equating legal standards with ethical standards is rather slippery and dangerous. You didn’t outright do that but it appears that when closely reading your comment, it may have been on your mind. Laws are changed oftentimes because ethical norms have evolved and the laws we use to govern behavior no longer fit the ethical paradigm. I mentioned Cotton Mather earlier – Did you know it was once ethical and legal to water-test a suspected witch without any sort of legal proceeding? In fact, it was unethical to not be a champion for the cause. Try that today in Salem and you’re likely to be thrown in jail, or burned at the stake. I believe you and I will disagree – I say the gray area exists and a smart person will learn how to navigate within it. Perhaps this is yet again, an example of where two people believe they are correct, and are also in distinct opposition to one another? Hence, our discussion has yielded another gray area. Or has it?

Folks, indeed here lays a problem. We have in print the actual Standards of the industry. These same standards can be found on Any association, recruiting membership group, or Network. They do exist

As Bill stated, we should have Constructive conversations about these standards. Are they unrealistic? Even though they are consistent? if so why?

Why don’t so many people know about these standards? to me they seem pretty Obvious, but maybe that is becasue I was introduced to them from the very beginning of my recruiting career..

We have entered into a new era one that has created tremendous issues with privacy and the welfare of the general public- candidates and clients alike. This is indeed an important Topic, and AESC stated the reason extremely well

‘The profession is built upon sensitive relationships with clients, candidates, employees and communities. Confidentiality and integrity are key to our professional practices and ethics. ‘ quoted from the AESC Association of Executive Search Consultants

Jim Stroud wrote an article a few years ago that really outlines what could be a positive direction for our industry — A great idea that will never happen’ – this article has gained a lot of press and can be found on Recruiters Network, OnlineRecruiters directory, college recruiter, ezine — it is worth the read and even discussion.. that is unless we prefer to complain instead of finding a solution!

http://www.onlinerecruitersdirectory.com/article_details.php?id=29

I particularly like them as they are short and sweet, and would be excellent to compare them with the ethics of NAPS, and to go with Bills Suggestion.. maybe then we now can use these as a tool for Positive discussion.

CODE OF ETHICS

STANDARDS OF ETHICAL PRACTICES
and or Rules of Engagement

Members of The US-Recruiters Network (USRC) are committed to providing high-quality and ethical search, employment, and temporary services to the clients and candidates they represent. The groups Ethics Committee maintains Grievance and Arbitration procedures. To obtain a list (hard copy) of member firms, or to inquire about these procedures, contact the Managing Director.

COMPANIES

Candidate employment records, qualifications, and salary requirements shall be stated to the client as accurately and fully as possibly, or requested.
Candidate shall be referred to clients for interview only with prior authorization of the client, which may be given verbally.
Confidential information relating to the client’s business, which is imparted as an aid to the effective handling of job requirements, shall be treated accordingly.
Candidates placed by a member firm shall not be solicited for any other positions while still in the employ of clients with whom they have been placed.
Member firms shall not knowingly solicit as candidates any employees of the member’s client firms.
Direct mail, bulletin, and resumes of candidates that are presented to clients shall represent bona-fide candidates.

RELATIONS WITH CANDIDATES

Candidates shall be referred to clients for interviews only on job openings for which at least verbal authority has been given by client.
Representations made to candidates about the duties; probable length of employment, hours, and salary of perspective positions shall be in conformance with the best knowledge of the consultant.
Precautions shall be taken against referring any candidate to employers who are known to engage in illegal, immoral, or any questionable business practices.
Information about a candidate will be used only for the purpose of securing employment for that candidate and/or screening for client’s position. Confidential information shall be treated accordingly.
Members whose primary business is ‘Permanent Placement’ must be either registered or licensed by the state they reside in as employer fee paid agencies. Fees are privileged information between the USRC member and their client. No member shall discuss fees, accept fees from candidates or try to collect fees from a candidate. Fees are privileged information between the member and their client.
Members whose primary business is ‘Contract/Temporary’ placement shall not discuss the ‘bill rate’ and or the ‘pay rate’ with the candidate. The financial arrangements made between the member firm and the client should always be considered privileged information
No candidate shall be referred to any employer where a strike or lockout exists or is impending (according to the best knowledge of the consultant) without being notified of such condition.
No candidate shall be referred to potential employers without that candidate’s prior knowledge and approval.

PRACTICES

A member shall not participate in ruse calls, whether to an employer or another recruitment firm.
A member firm shall not misrepresent their client relationships to candidates (i.e., claim exclusive or retained agreements where none exists, etc.)
When fee disputes or other conflicts arise, member firms will accurately and fully explain to clients, and candidates, to the best of their knowledge, the rules and regulations governing the recruitment industry.

RELATIONS BETWEEN MEMBER FIRMS

The primary directive governing relations between members is essentially a version of the ‘golden rule.’
Members shall respond to voice mail, fax, and or email communications from members within a reasonable time frame – (48 hours or less). Members who don’t demonstrate a sense of respect for one another will be dropped from the membership roles.
Members shall not discuss, bad mouth or render disparagingly remarks about a member to fellow members and especially to recruiters outside of our group. If there is a problem, discretion in mandatory and the complaint should be brought and or discussed only with the Managing Director.
Members shall not, in the course of advertising, public relations efforts, of any other activity, permit the berating or criticizing in any manner whatsoever of any other personnel-consulting firm.
Members will abide by the IOR rules as outlined in our member IOR form. Members who don’t abide by the rules will be dropped from the association.
When member firms conduct splits, the placing firm will remit payment to the referring firm within 30 days or receiving payment from client.
Membership dues in US-Recruiters.com are billed annually in January and due by the 10th of January. Failing to remit payment by the 10th could be the cause of termination.

RELATIONS BETWEEN MEMBER FIRMS and PREFERRED VENDORS

Members who disclose the contents of our Strategic Business Partner programs to other networks or non-members of usrc will automatically be terminated from USRC.
Members who enter into a payment schedule with one of our Preferred Vendors and breaks that commit will automatically be terminated from USRC.

ADVERTISING

Positions listed in newspapers or other media shall be factual and refer to bona fide openings available at the time that copy is given to these publications.

SERVICE CHARGES

No client/candidate shall be obligated for a contingency service charge until after and acceptance has been made between the client and the candidate.
In the instance of company-paid fees, no candidate shall be obligated for contingency fee charges.
Retained search agreements will be given to clients prior to the initiation of the search.
Adjustments and refunds of service charges that are mutually agreed upon shall be made promptly.