Legal & Ethical Issues in Recruiting Flashcards
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Read the first 7 Legal & Ethical Issues in Recruiting flashcards as text
Under GDPR, a recruiter storing EU candidate resumes must ensure data is kept for no longer than necessary. This principle is called:
Answer: Storage limitation
The storage limitation principle under GDPR requires that personal data be kept in a form that permits identification no longer than necessary for the stated purpose.
A hiring manager instructs a recruiter to find 'young, energetic candidates.' The recruiter should:
Answer: Advise the manager this could violate the ADEA and reframe the requirement
Recruiters have an ethical and legal obligation to advise clients against age-discriminatory language and reframe requests around legitimate job-related criteria.
Which element is NOT required on an EEO-compliant job posting?
Answer: Candidate's expected GPA
GPA requirements are not mandated on job postings and can raise disparate impact concerns; salary ranges and EOE statements are increasingly required by law.
A recruiter discovers a candidate fabricated their degree on their resume after an offer is extended. The best course of action is:
Answer: Withdraw the offer and document the misrepresentation
Resume fraud is grounds for offer rescission; failing to act exposes the employer to negligent hiring liability.
The Genetic Information Nondiscrimination Act (GINA) prohibits employers from using which type of information in hiring decisions?
Answer: Genetic information and family medical history
GINA prohibits employers from requesting, requiring, or using genetic information—including family medical history—in employment decisions.
When a staffing agency places a worker at a client site, who is typically responsible for I-9 employment verification?
Answer: The staffing agency
The staffing agency, as the employer of record, is responsible for completing I-9 verification for workers it places at client sites.
A recruiter receives a subpoena requesting candidate files as part of a discrimination lawsuit. The recruiter should first:
Answer: Consult legal counsel before producing or destroying any records
Upon receiving a subpoena, the immediate step is to consult legal counsel to understand obligations and avoid potential obstruction of justice.