Dear HR Executive,
Do you outsource any of your recruiting and hiring? Some employers see advantages in having outside contractors undertake these processes -- among them, economy of scale, uniformity and cost.
But one thing outsourcing your job searches won't do: protect you from discrimination charges. A recent legal case makes the point. Here's what happened:
A New York City-based employer used an independent contractor to interview potential salespeople. The contractor allegedly told a candidate he was “too old” for the job. The rejected candidate sued for age discrimination.
A lower court threw the candidate’s case out, on grounds that the interviewer wasn’t an employee of the company. But the appeals court said this decision was incorrect.
Employer is responsible
If an employer gives a third-party contractor authority to interview applicants and make hiring decisions on its behalf, the employer can be held responsible if the contractor discriminates on the basis of age, sex, race or other protected characteristics. That’s the law, the appeals court said.
If you do decide to outsource a search or searches, it’s a good idea to:
- have the outsourcer commit in writing to follow all your policies, including those against discrimination in hiring, and
- spot check to make sure minority/over-40/disabled candidates aren’t being routinely weeded out.
Dave Clemens
Editor-in-Chief
Human Resources Rapid Learning Center
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