Legal Guidelines for Applicant Screening

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Nowadays, the continuous development of modern technology provides the human resource practitioners and recruiters with a plethora of instruments for applicant screening (Catano, Weisner, Hackett, & Methot, 2009; Purpura, 2013). Nonetheless, it is questionable whether their activities have a tendency to comply with the legal principles and concepts to ensure the absence of the wrongful actions of the individuals. In this case, the initial objective of this essay is to address the legal guidelines related to the debated topic while explaining their existence. In the end, the conclusions are drawn to summarize the primary findings of the paper and underline the significance of the legal background.

One of the most important legal guidelines is the necessity to highlight the importance of equality, as the presence of prejudice related to the particular “race, color, national origin, sex, or religion” could be regarded as an illegal act of discrimination (U.S. Equal Employment Opportunity Commission, 2016, para. 2; Rey & Mignin, 2008).

It could be said that this recommendation assures that the individuals have equal opportunities for a particular job while cherishing the rights of the applicants. It could be said that this issue has to be vehemently addressed, as, despite a high tolerance of the modern society, the problems related to discrimination have a tendency to be present in the workplace around the world. In turn, following this guideline emphasizes the company’s values, viewpoints, and corporate culture.

Furthermore, it is recommended that employers have a tendency to check a plethora of social profiles to avoid the formation of the one-sided opinion about an applicant (Segal, 2014). This guideline contributes to providing equal opportunities to the individual while evading the development of prejudice based on the acquired information. It remains apparent that it has a correlation with the avoidance of discrimination.

In turn, another aspect is the fact that HR professional is prohibited from asking for the password for the social network account, as it is private information (Segal, 2014). In this case, following this suggestion will assist in the elimination of issues associated with the violation of privacy and individual freedoms.

Furthermore, the employers have to be able to consider the coverage of the different laws during screening, as sometimes it is prohibited to use third parties to acquire personal information (Segal, 2014). This guideline contributes to the avoidances of the adverse consequences associated with the wrongful actions of the company. Another aspect, which has to be considered while performing applicant screening is the storage of information (U.S. Equal Employment Opportunity Commission, 2016). In this case, following this guideline has a beneficial influence on the compliance of the organization with the established legal systems, which protect the privacy rights of the individuals.

In conclusion, it could be said that the legal principles depicted above have to be considered of equal importance, as they play a critical role in the understanding of the legal framework related to the applicant screening. In this case, it remains apparent that following the described and explained guidelines will have a beneficial impact on the decision making as it will assist in the elimination of prejudice and the avoidance of incompliance with the law. Nonetheless, the guidelines have to be followed simultaneously since they affect the firm’s corporate image positively.

References

Catano, V., Weisner, W., Hackett, R., & Methot, L. (2009). Recruitment and selection in Canada. Ontario, Canada: Nelson Education Ltd.

Purpura, P. (2013). Security and loss prevention: An introduction. Waltham, MA: Elsevier Butterworth-Heinemann.

Rey, S., & Mignin, R. (2008). Hiring the best-qualified and the most talented employees: Handbook on global recruiting, screening, testing, and interviewing criteria. Boston, MA: Wolters Kluwer Law & Business.

Segal, J. (2014). Social media use in hiring: assessing risks. HR Magazine, 59(9), 1-8.

U.S. Equal Employment Opportunity Commission. (2016).. Web.

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