HIring

[I.L.L.E.]

What is the name of your state (only U.S. law)? Michigan, I have 93 applicants applying for one open position in my business. What, if any, are the law limitations on using a computer system to match me with the right, qualified candidate with out having to go through every single one?

 

[cbg]

What do you mean by a filter system?

You can use any means you want to identify the right candidate as long as it does not mean eliminating candidates on the basis of a characteristic protected by law. Nor does any law require that you go through every application you've received.

 

[I.L.L.E.]

What do you mean by a filter system?

You can use any means you want to identify the right candidate as long as it does not mean eliminating candidates on the basis of a characteristic protected by law. Nor does any law require that you go through every application you've received.

a computer system that I enter in what I'm looking for in a applicant and it will sift through the ones and match me up with the best one.

 

[cbg]

There are no legalities involved with that. It's a legal means of doing so.

However, I have found that they are not the most efficient methods in that they frequently miss excellent candidates. They're only as good as the key words you enter, and there's always one that you miss.

There's nothing illegal about them, but I'd hesitate to use them exclusively.

 

[I.L.L.E.]

There are no legalities involved with that. It's a legal means of doing so.

However, I have found that they are not the most efficient methods in that they frequently miss excellent candidates. They're only as good as the key words you enter, and there's always one that you miss.

There's nothing illegal about them, but I'd hesitate to use them exclusively.

ok I know that on an application, one cannot ask age, race, etc. however, if I am looking to hire a Hispanic, female between the ages of 45 and 50 who is qualified for the position I need filed, can questions such as race, age, etc. be used on the filter side and just not on the application? A little more in depth here, hypothetical---you applied at my company through my website. you are first asked a series of qualifying credential questions as well as who you are questions, say age, sex, education level, military back ground, etc. then you fill out my application that does not allow to ask questions such as age , sex, etc. so now I go and answer the same qualifying questions except I answer them describing the exact person I am looking for and it finds the closest match. So I look at them, I hope I am making sense to all. and thanks for any more advice on this

 

[sandyclaus]

ok I know that on an application, one cannot ask age, race, etc. however, if I am looking to hire a Hispanic, female between the ages of 45 and 50 who is qualified for the position I need filed, can questions such as race, age, etc. be used on the filter side and just not on the application? A little more in depth here, hypothetical---you applied at my company through my website. you are first asked a series of qualifying credential questions as well as who you are questions, say age, sex, education level, military back ground, etc. then you fill out my application that does not allow to ask questions such as age , sex, etc. so now I go and answer the same qualifying questions except I answer them describing the exact person I am looking for and it finds the closest match. So I look at them, I hope I am making sense to all. and thanks for any more advice on this

I'd be very careful if I were you. The kinds of things you're looking to filter on seem to be things that would constitute illegal discrimination due to a candidate belonging to a specific protected class (age, sex, race). Just by asking those questions and using the responses to qualify or disqualify a candidate can get you into a whole lot of trouble with the EEOC if someone realizes what you're doing. I would suggest that you stick to relevant factors, such as things that actually speak to the candidate's qualifications, such as their education level, military background, and skill sets.

 

[LdiJ]

I'd be very careful if I were you. The kinds of things you're looking to filter on seem to be things that would constitute illegal discrimination due to a candidate belonging to a specific protected class (age, sex, race). Just by asking those questions and using the responses to qualify or disqualify a candidate can get you into a whole lot of trouble with the EEOC if someone realizes what you're doing. I would suggest that you stick to relevant factors, such as things that actually speak to the candidate's qualifications, such as their education level, military background, and skill sets.

I seriously agree. If you need someone that speaks both Spanish and English you can definitely filter for that. If you need a female because its a position where the law wouldn't ding you for requiring the person to be female you could filter for that. Age and Race however are two areas where it would be very difficult to justify filtering, unless the law requires someone to be of a certain age to do a job (ie over 21).

 

[swalsh411]

You can discriminate between candidates based on a protected class but the burden of proof is on you to show this is a bonafide occupational requirement. For example, it would be legal to exclude males from a female washroom attendant position. Hooters can legally only hire women waitresses with certain ahem features. They can't apply those same criteria to their line cooks because those same ahem features are not required for the job. If you were hiring a head master for an all boys prep school, you could exclude females. I think you get the idea.

So with that being said why do you want to hire a hispanic female between 45 and 50?

 

[commentator]

95 isn't a lot of applications. Screen them yourself, scan through them, forget the silly computer search. Hiring and finding the right candidate are very subjective, we haven't reached the point in technology yet where you can do what you are wanting to do, especially on applications where the information such as race and sex and age are not found.
What's going to happen is that the people who work for you now are going to notice that you have interviewed a whole group of middle aged Hispanic women, and tell their 57 year old male non Hispanic friend who applied for the position about it, and you're facing some questions about how you made your selections. Tell them you programmed a computer to hand you all the middle aged Hispanic women, and see how that flies. I think 'wet-nurse' and 'sperm donor' are the two examples they give of a legitimate sex related job qualification.

 

[cbg]

Do not EVER set things like age, gender and race into your filter system. EVER. If the position is so highly specialized that it MUST be a of a certain age, race or gender (and the ONLY position I can think of where race would be a valid consideration would be for a model for a race-related product advertisement - and there are precious little of those) then you shouldn't be using a filter system to begin with, you should be hand screening. And if it's not that highly specialized, there is no justification for including those terms in the first place.

This is hiring 101.

 

[swalsh411]

In the real world, people hire who they want to hire protected class or not. They are just idiots if they document it.

 

[Proserpina]

In the real world, people hire who they want to hire protected class or not. They are just idiots if they document it.

Gee, and you don't think having a computer program built to specifically do just that wouldn't be proof?

Uh huh.

 

[Silverplum]

ok I know that on an application, one cannot ask age, race, etc. however, if I am looking to hire a Hispanic, female between the ages of 45 and 50 who is qualified for the position I need filed, can questions such as race, age, etc. be used on the filter side and just not on the application? A little more in depth here, hypothetical---you applied at my company through my website. you are first asked a series of qualifying credential questions as well as who you are questions, say age, sex, education level, military back ground, etc. then you fill out my application that does not allow to ask questions such as age , sex, etc. so now I go and answer the same qualifying questions except I answer them describing the exact person I am looking for and it finds the closest match. So I look at them, I hope I am making sense to all. and thanks for any more advice on this

Why?

Why Hispanic and not Asian or Caucasian or another?

Why female?

Why between such a narrow age range, and why 45-50?

What are you DOING? And who hired YOU to do it?

 

[swalsh411]

And who hired whoever hired you? You should all be fired!

 

[I.L.L.E.]

You can discriminate between candidates based on a protected class but the burden of proof is on you to show this is a bonafide occupational requirement. For example, it would be legal to exclude males from a female washroom attendant position. Hooters can legally only hire women waitresses with certain ahem features. They can't apply those same criteria to their line cooks because those same ahem features are not required for the job. If you were hiring a head master for an all boys prep school, you could exclude females. I think you get the idea.

So with that being said why do you want to hire a hispanic female between 45 and 50?

I don't I was using that as an example.