An interviewer’s note that a job applicant was “at the end of her career” was not conclusive evidence of age discrimination, according to a recent Seventh Circuit opinion.
Articles Discussing The Hiring Process.
As the number of workers in the manufacturing industry aged 55 and older continues to increase, the ability of manufacturing employers to fill open positions becomes more challenging. The next generation of workers interested in manufacturing is far smaller than the generation of Baby Boomers they will replace.
Many businesses are continuing to hire for open positions during the COVID-19 pandemic. Employers that need to continue their hiring processes may see video conferencing platforms as a valuable tool to complete job interviews while maintaining physical distancing. While affording interview participants a more personable experience than a simple telephone
Using talent-finder software to simplify hiring decisions is all the rage. Hiring managers across the country love the idea that one of their most difficult tasks – hiring – can now done through software. So, what is good and what is risky when using these new hiring tools to evaluate
As employers seek to make increasingly efficient and “better” hiring decisions, avoid biases, and increase workforce diversity, they are turning to, or considering, a growing range of technological tools. Essentially, these tools help employers efficiently identify qualified candidates, narrow the pool of job seekers, and predict who may be the
The holiday season is nearly upon us, and the shopping frenzy is about to commence. This annual phenomenon brings the hurried engagement of seasonal employees, with thousands of these retail elves helping manage the increased workload. While seasonal employees generally work for only three to six months over the holidays, their brief tenure raises several organizational challenges. To effectively meet these challenges, employers must take steps to hire, onboard, and manage seasonal staff in accordance with applicable laws and ordinances to ensure the retail season remains jolly long after we ring in the New Year.
In a 2019 survey Littler conducted of over 1,300 in-house counsel, HR professionals and C-suite executives, more than 35% responded that their organization is using artificial intelligence (AI) in the recruiting and hiring process.1 Employers can take advantage of a growing range of AI-based methods of talent assessment, which includes AI-driven review of resumes, algorithm-based reviews of applicants’ responses to test questions, and algorithmic analysis of applicants’ publicly available social media content. A growing number of employers are turning to yet another talent assessment tool: AI-powered video-interview platforms that apply algorithms to video-recorded interviews to facilitate an employer’s assessment of an applicant.
Implicit bias in the workplace can start as early as the application process. A key study conducted by National Bureau of Economic Research found that significantly fewer employers responded to resumes listing stereotypically “black-sounding” names than resumes including similar qualifications but listing “white-sounding names.” Job advertisements might include words or phrases that – by accident or design – tend to draw applicants of a certain race or gender. How can employers recognize these unconscious biases in hiring and take steps to address them? In this podcast, Cindy-Ann Thomas, Littler Principal and Co-Chair of the firm’s EEO and Diversity and Inclusion practice group, discusses these issues with Littler Shareholder Jeffrey Hanslick and Amy Peterson, Director of Parker and Lynch and Ajilon professional search firm.
In this podcast, Aaron Crews, Littler’s Chief Data Analytics Officer, discusses potential uses for AI in supporting HR decisionmaking with Athena Karp, the CEO and cofounder of HiredScore. They explore ways that technology – such as explainable algorithms – can serve employers by improving the effectiveness and transparency of processes for companies and other stakeholders, including candidates. They also address how organizations can structure, validate and verify their data and data training to prevent bias from sneaking into AI-driven analysis.
The Federal Deposit Insurance Corporation (FDIC) recently published its final rule on modifications to the Statement of Policy (SOP) for Section 19 of the Federal Deposit Insurance Act, 12 U.S.C. § 1829 (“Section 19”), which will ease certain hiring requirements for banking industry employers.1
In the midst of a federal effort to ramp up antitrust prosecutions of companies agreeing not to recruit or hire each other’s employees (see previous articles dated November 9, 2016, January 25, 2018, April 25, 2018 and July 17, 2018), special scrutiny – and criticism – has been directed toward the use of no-poach agreements in the franchise industry. State Attorneys General now lead the fight to limit the practice, and early indications suggest that their efforts are already producing results.
The U.S. District Court for the Eastern District of Pennsylvania has struck down a Philadelphia ordinance prohibiting employers from inquiring about job applicants’ salary histories, on the grounds that such a restriction violates the First Amendment right to free speech.
In recent months, several states and localities have passed laws and ordinances banning inquiries into an applicant’s prior compensation, including in California, Massachusetts, Delaware, New York City, Oregon, Puerto Rico, San Francisco, and Philadelphia. There are similar laws currently under consideration in a number of other states, and this topic is bound to be a key focus for lawmakers in 2018.
Executive Summary: Subject to limited exceptions, federal, state, and local laws already require employers to pay men and women equally for doing similar work under similar working conditions. In another important effort to narrow the gender wage gap, four U.S. states, three cities, and the territory of Puerto Rico have recently passed laws that impose even stricter equal pay obligations on employers. These “past pay privacy” laws prohibit employers from seeking certain information about job applicants’ historical salaries. Without exception, these laws are gender-neutral. Thus, they aim to stop lower wages from following both women and minority workers in their professional careers and stop wage disparities from perpetuating in the United States labor market.
Executive Summary: Beginning January 1, 2013, employers must use the revised forms issued by the Consumer Financial Protection Bureau (CFPB) in November 2012 to conduct background checks under the Fair Credit Reporting Act (FCRA).