Legal & Ethical Issues in Recruiting Flashcards

Which of the following is an example of 'quid pro quo' harassment in a recruiting context?

Answer: A recruiter implies a candidate will advance faster if they go on a date

Quid pro quo harassment occurs when job benefits are explicitly or implicitly conditioned on submission to sexual advances or other improper conduct.

Under the Fair Credit Reporting Act (FCRA), before conducting a background check on a job applicant, an employer must:

Answer: Provide disclosure and obtain written authorization from the applicant

FCRA requires employers to provide a standalone written disclosure and obtain the applicant's written consent before ordering a consumer report.

A recruiter discovers that a competitor is poaching candidates directly from her client's employee directory. This is best described as:

Answer: Possible misappropriation of trade secrets

An employee directory is likely a confidential trade secret; accessing and using it to solicit employees could constitute misappropriation.

Which action by a recruiter would most likely constitute 'negligent referral'?

Answer: Providing a positive reference for someone known to have a history of workplace violence

Negligent referral occurs when a former employer provides a positive reference while withholding known dangerous behavior, leading to harm at the new workplace.

A candidate discloses a disability during the interview process and requests an accommodation. Under the ADA, the employer's correct next step is:

Answer: Engage in the interactive process to identify effective accommodations

The ADA requires employers and employees to engage in a good-faith interactive process to determine appropriate and reasonable accommodations.

Which statement about non-compete agreements and recruiting ethics is most accurate?

Answer: Recruiters should disclose known non-competes to hiring companies and let legal counsel evaluate risk

Ethical recruiters disclose known non-compete restrictions to client companies and recommend legal review rather than encouraging violations.

The 'ban the box' movement in recruiting refers to:

Answer: Delaying criminal history inquiries until later in the hiring process

Ban the box laws prohibit employers from asking about criminal history on initial job applications, giving applicants a fairer chance to be evaluated first on qualifications.