I’ve Got 8 True-false Recruiting-related Legal Questions for You

May 25, 2015

Eight short questions, eight short answers.

The questions, most of them legal, are below.

lawThe answers and explanations will provided to you for my hourly fee, payable in full within seven days of today.

Just kidding! Answers will be in the ERE Daily newsletter (sign up free if you haven’t) next week. They won’t be online for non-subscribers.

This is based on my experience with tens of thousands of situations. You may not agree with all my answers. But, hopefully, if nothing else, some of the questions and answers will spark your thinking.

Here we go. 

  1. Recruiting candidates from an employer’s competitors is likely to subject the recruiter to liability for unfair competition.
  2. Asking a candidate about his reasons for wanting to leave the current job is illegal, since it discriminates against the unemployed.
  3. An interviewer can ask a candidate about his or her financial assets and liabilities.
  4. It is illegal to refer minority candidates to jobs where similar minorities are more likely to hire them.
  5. It is against the EEOC guidelines for an employer to require good credit as a condition of employment unless there is a “business necessity” for the requirement.
  6. It is against the EEOC guidelines for an employer to reject a candidate because of the way he is dressed if the appearance is typical of his or her culture.
  7. Pre-employment aptitude and psychological tests are unlawful unless independently validated and related to job performance.
  8. Paying a candidate a secret “hire-on bonus” is legal.
Get articles like this
in your inbox
The longest running and most trusted source of information serving talent acquisition professionals.