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Phone interviews and Application forms
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Phone interviews and Application forms
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I work for a federal contractor in IL. We would like to do phone interviews for a position before bringing them in for a face to face interview. My HR Manager is of the opinion that the laws require
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Forums » Topic Forums » Legal Forum » Phone interviews and Application forms
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Phone interviews and Application forms
posted at 7/20/2011 6:23 AM EDT
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Posts: 32
First: 2/21/2006 Last: 7/21/2011 |
I work for a federal contractor in IL. We would like to do phone interviews for a position before bringing them in for a face to face interview. My HR Manager is of the opinion that the laws require havng an application on hand before any kind of interviews (phone or in person). I beg to differ. Can someone please clarify this for me. Any advice would be greatly appreciated. |
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Phone interviews and Application forms
posted at 7/20/2011 7:20 AM EDT
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
I am not aware of any law that requires an application before you interview someone.
However, as a federal contractor you are required to keep applicant flow records. Some of the data you need may be a part of the application process. So make sure that one is filled out during the process. |
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Phone interviews and Application forms
posted at 7/21/2011 2:39 AM EDT
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Posts: 32
First: 1/31/2011 Last: 9/13/2011 |
Hi: My reference isn't regarding AAPs----rather, Title VII applies to employers (not just federal contractors) with 15 or more employees and the Uniform Guidelines on Employee Selction Procedures requires that employers that fall within the purview of Title VII attempt to collect applicant flow information from job applicants.
I trust this clarifies my earlier comment. Dave Arnold, Ph.D., J.D. |
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Phone interviews and Application forms
posted at 7/21/2011 3:06 AM EDT
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Posts: 32
First: 1/31/2011 Last: 9/13/2011 |
Hi:
The following quote from an EEOC lawyer may provide further clarification: "The Equal Employment Opportunity Commission (EEOC) enforces the federal civil rights laws that prohibit such employment discrimination on the basis of race, color, sex, religion, national origin, age, and disability. In order to generate the data necessary for employers and the EEOC to determine if discrimination has occurred, the EEOCâs regulations require companies to maintain, and have available for inspection, data by identifiable race, sex and ethnic group for all job applicants. See 29 C.F.R. § 1607.4A." Dave Arnold, Ph.D., J.D. |
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Phone interviews and Application forms
posted at 7/21/2011 5:38 AM EDT
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Posts: 32
First: 2/21/2006 Last: 7/21/2011 |
Thank you all for your replies. I understand that after an audit we were made to sign a conciliation agreement that was signed and that required us to have an application before every interview. Apparently the auditor did not like our "unknown" categorization for race in the applicant log. |
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Phone interviews and Application forms
posted at 7/21/2011 5:59 AM EDT
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
Remember that race identification is a VOLUNTARY action by the applicant. You should only use what the applicant advises regardless of what your eyes might indicate. If they do not advise, it should stay unknown. |
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Phone interviews and Application forms
posted at 7/21/2011 6:43 AM EDT
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Posts: 32
First: 1/31/2011 Last: 9/13/2011 |
Hi: Just as a point of clarification, voluntary self-reporting is the preferred method for collecting data on race, ethnicity, and gender, but in situations where self-reporting is not practicable or feasible, observer information may be used to identify these factors.
Dave Arnold, Ph.D., J.D. |
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