Texas Legal and Executive Solutions

Navigating Recruiting Laws Part I

Hiring can be a tricky process for an employer. There are many state and federal laws which employers need to be aware of. Legislation which is vital to the hiring process includes Title VII of the Civil Rights Act, the Pregnancy Discrimination Act (PDA), federal affirmative action laws, the Americans with Disabilities Act (ADA), the Family & Medical Leave Act (FMLA), the Age Discrimination in Employment Act (ADEA), the National Labor Relations Act (NLRA), and other local ordinances.

To avoid complications with the above laws it is useful to perform a large search. Many of the above laws are related to discrimination of applicants based upon age, national origin, pregnancy, disability, and union activity. As dictated by affirmative action laws, employers must maintain records of their search process. Therefore, by searching in a large audience, one is less likely to discriminate.

Word of mouth advertising should be avoided and jobs should be posted internally as well as externally. It is also important to not use terminology which targets particular characteristics. Search a large population but on a limited scale. If you solely rely on referrals from existing employees, your candidates will most likely resemble the current staff and will not be as diverse as possible. However, it is important to advertise the new position to your current candidates, so they can apply for possible promotion. It will build company esteem.

Consider targeting specialty publications or professional websites to publicize the open position. While the search should be on large scale, it must be reasonable. If the company would not consider relocating a candidate, do not search for candidates not currently living in the geographic area. When advertising, be very careful on wording. For instance, the phrase “recent college graduate” could be seen as age discrimination as the company would only be targeting young individuals.

For more information on recruiting, contact a professional Texas legal recruiter today by calling Sapire Search Group at 1-866-413-2868.