Recruiting Lifecycle: A Call to Action to Eliminate Illegal Questions
The recruitment lifecycle is a complex and multifaceted process that involves various stages, from sourcing and screening candidates to onboarding the selected talent. However, amidst the intricacies of this cycle, there exists a critical issue that demands urgent attention – the prevalence of illegal questions during the job application process. This comprehensive article serves as a call to action for HR professionals and SaaS companies developing HR tools to address and eradicate the use of illegal questions, ensuring a fair, unbiased, and compliant recruitment process.
Before delving into the specifics of the recruiting lifecycle, it is essential to have a thorough understanding of the legal framework surrounding job interviews and application procedures, as there are multiple laws in place that protect against discrimination. These laws, such as the Civil Rights Act of 1964 in the United States, ensure that individuals are not discriminated against based on factors such as race, colour, religion, sex, or national origin. Similarly, the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA) provide additional safeguards against age and disability discrimination. Furthermore, the Court of Justice of the European Union has been closely monitoring the implementation and adherence to EU laws by Member States, issuing judgments that highlight the importance of non-discrimination based on factors such as nationality, language, ethnic origin, sexual orientation, disability, marital status, age, or religion.
Despite these legal safeguards, illegal questions persist in the recruitment process, often unintentionally asked by hiring professionals. These questions may revolve around a candidate's age, marital status, family planning, health conditions, or other protected characteristics. Those developing HR tools and HR professionals must recognize the severity of this issue and take proactive steps to eliminate it.
Sourcing and Job Posting:
The recruiting lifecycle begins with sourcing candidates and creating job postings. This stage sets the tone for the entire process, making it vital to develop inclusive and nondiscriminatory language in job descriptions. HR professionals and SaaS companies must collaborate to create tools that highlight potential biases in language and suggest alternatives, fostering a more diverse applicant pool.
Application and Resume Review:
The application and resume review stage is a critical juncture where potential biases can surface. HR professionals should be trained to focus on skills, experience, and qualifications relevant to the job. Tools should be designed to anonymize resumes during the initial review, mitigating the impact of unconscious biases.
Screening and Pre-Interview Assessments:
Screening and pre-interview assessments are integral to identifying the most suitable candidates. However, it is during this stage that illegal questions may inadvertently arise. HR tools should incorporate intelligent algorithms to detect and flag potentially discriminatory questions, providing real-time guidance to recruiters.
Interviewing:
The interview stage is a pivotal moment in the recruiting lifecycle, and it is here that illegal questions are most likely to be asked. HR professionals should undergo rigorous training to recognize and avoid such questions. Additionally, HR tools can implement features that simulate interviews, offering guidance on appropriate and legal lines of inquiry.
Background Checks:
Background checks are standard practice in many hiring processes. However, these checks should be conducted with a focus on job-related criteria rather than personal information. HR tools can streamline this process, ensuring that only relevant information is considered, minimizing the risk of bias.
Job Offer and Negotiation:
The job offer and negotiation stage should be transparent and equitable. Illegal questions related to salary history, for instance, can perpetuate wage gaps. HR tools should provide data-driven insights into market salary ranges, ensuring fair compensation discussions.
Onboarding:
Onboarding marks the culmination of the recruiting lifecycle. HR professionals play a crucial role in integrating new hires into the organizational culture. SaaS tools can facilitate this process by offering resources on inclusive onboarding practices, fostering an environment of equality and belonging.
When interviewing candidates, it's important to obtain the necessary information without asking inappropriate or illegal questions. This can be approached from a legal standpoint by avoiding questions that may be discriminatory. For example, instead of asking about citizenship, ask about the candidate's work authorization. Instead of probing into a candidate’s beliefs, ask if they are able to work with the required schedule. It's important to avoid making assumptions about a candidate’s maturity based on their age. It's also important to steer clear of asking about pregnancy status and instead, state the expectations for the position. For instance, "This position demands full-time commitment with an extensive working schedule to meet our client’s expectations in the coming months. Can you commit to such a working schedule?" Rather than inquiring about marital status, ask if the candidate is able to relocate if necessary and what kind of assistance they would expect from their future employer. It's important to avoid questions about sexual orientation or ethnic origin. We should view sexual orientation and ethnic origin as an integrated part of our society.
Questionnaires that ask for voluntary self-identification are illegal because recruiters often reject those who don't answer.
Advice for candidates:
Familiarize yourself with your rights; you have the right to decline to answer such questions. Incorporate a disclaimer in your resume to inform recruiters. Learn how to rephrase their inquiries; for instance, if they ask about your beliefs, respond by saying, ‘I don’t believe my religion will impact my job performance in any way. Are you satisfied with this answer?’ (they cannot say no!) So, acquire the skill of thinking like a lawyer. Research your prospective employer; be well-prepared before the interview. Don't fear rejection. Gaining insights into markets and sectors will help you identify the right company for you. This will be an influential force that educates companies still posing inappropriate or illegal questions.
This article serves as a call to action for HR professionals and SaaS companies to prioritize the eradication of illegal questions. Let us collectively commit to creating a recruitment lifecycle that upholds the principles of fairness, equality, and respect for all candidates, ultimately contributing to a more inclusive and diverse workforce.