Pamela Devata Quoted in Workforce Management
“Discriminatory Twist in Networking Sites Puts Recruiters in Peril”

Pamela Devata was quoted in the September 26, 2009 Workforce Management article, “Discriminatory Twist in Networking Sites Puts Recruiters in Peril.” The article discussed how sourcing applicants from Twitter or LinkedIn or screening candidates through Facebook or MySpace may open employers to discrimination charges. Pam commented that “Sourcing from professional network sites such as LinkedIn carries a risk that the method could be challenged on discrimination grounds. It represents a hiring pool that is not open to the general population. Using a limited network may have a disparate impact. If hiring through these networks can be challenged, it will be.”

According to the article, some employers are taking advantage of the increase in job applicants by adding new qualifications to their open positions even though they’re not necessary to perform the job. These new qualifications ultimately may be eliminating minority candidates from being eligible to apply, the article states, even though they are capable of doing the work . Pam commented that “Employers are looking at their hiring practices because there are more candidates available in an increasingly competitive job market and employers can tweak their hiring criteria. We’re seeing a re-evaluation of positions and job descriptions. Because the pool is bigger, companies can ratchet up the qualifications required for a job. There is a time lag in discrimination litigation, so we have not yet seen the potential consequences of this in discrimination claims.”

Pam discussed that employers may have legitimate reasons to modify the qualifications for a job if, for example, the open position represents a consolidation of several jobs, but arbitrarily raising the requirements may lead to trouble. Pam noted that “employers need to do a realistic assessment of requirements for each job. Don’t stretch the requirements or create false expectations, because these actions may lead to discrimination claims.”

Pam also recommended that employers revisit their job application forms to ensure that they do not include questions that could create disparate impact. Pam concluded, “With budget cuts, the reality is that the human resources and recruiting functions have been cut, while at the same time the applicant pool has doubled or tripled. Employers also have an increased responsibility to train hiring managers on interviewing techniques and permissible questions.”