Careful Hiring Practices Help You Avoid Legal Issues
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When placing an advertisement for an open position in your organization, take care – using the wrong words could mean legal problems for discrimination, even if it is unintentional.
It is important to ensure that you are not accidentally choosing the wrong words to describe the opportunity or interview the applicants…and can actually become a legal concern if the ad you release or interview you conduct is considered discriminatory.
There are some words that feel natural, but send the wrong message. For example, instead of “Salesman” you’d want to use a more gender neutral “salesperson” as the description. Even a “waiter” is better stated as a member of the “wait staff.”
There are federal and state laws in the US that prevent you from discriminating against an employee or applicant based on race, gender, religion, color, national origin, physical disability, marital status or sexual orientation. As an advertiser or employer, it is your responsibility to ensure that the ads and policies in your organization follow the rules.
The key is to keep the focus on the job opportunity. Attract and evaluate the applicants using the elements of job performance that remain consistent. In addition to protecting your application process, by sticking to the job and its details rather than the details of the individual you are more likely to get a qualified respondent.
How and where you advertise for any employment opportunities in your organization is something that requires ongoing care and diligence. Choose the text of your ad to be concise and accurate. Avoid terms that indicate an applicant’s sex, race, country of origin, or religious preference. Use fair interviewing procedures that evaluate applicants on a universal scale.
By carefully measuring and evaluating each effort, you will reduce the likelihood that your own organization is called to court for defending charges of discrimination.
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