Recruiting on the Web Requires Special Record Keeping for Legal Purposes

by Lesli Peterson, Business Analyst, VCG
with Phil McCutchen, Marketing Manager, VCG

With the age of the Internet upon us, recruiting methods have expanded dramatically. Staffing companies now regularly use the Web to locate qualified candidates for their open positions.

The most common methods include searching Job Boards and Corporate Websites. Job Boards, whether belonging to the staffing company or otherwise, allow recruiters to post specific positions, asking applicants to submit their resumes or follow a link to a registration page on their website. Corporate Websites are now allowing recruiters to post jobs for general or specific positions and permitting candidates to register with the Staffing Company and/or apply for a specific position.

Unfortunately, many Staffing Firms are in the dark about how to address certain recordkeeping requirements. Providing much needed light is the 1978 Uniform Guidelines on Employee Selection Procedures (UGESP) published by the government to resolve inconsistencies between the EEOC(1), DOL(2), DOJ(3) and OPM(4).

The UGESP, which requires that certain records be kept for reasons of measuring disparate impact, have published clarifications on the issue with regard to new technology. The following questions have been published as a three-part "test" to determine if your business should report race, gender and ethnicity information about an individual:

• Is your business acting to fill a particular position?
• Is the individual following your standard procedures for submitting an application?
• Is the individual indicating interest in a specific position?

If the answer is 'yes' to all of these questions, information about race, gender, and ethnicity must be obtained and recorded by your business.

Let's review some examples as it relates to the new technology being used by recruiting and staffing companies today.

A person registers with your business on the Internet and sends you an email indicating they are looking for a receptionist position. Even if you have receptionist positions open, this person has not indicated interest in a particular position and therefore, gathering information is not necessary.
As a recruiter, you search a Job Board for a .NET developer because you have a specific job you need to fill immediately. Even though you have a specific position in mind, you do not need to collect information on those resumes you reviewed for this position. Resumes posted to Job Boards are not considered applicants of your position.
You find a resume on a Job Board and it looks great. You call this person and speak with them about the position. They are very interested and indicate they want to send you an updated resume. This person now knows about and is interested in the position. Additionally, they are following your standard submission steps by sending you an updated resume. You are required to record their information. However, if you call them and they indicate they are not interested or they do not return your call, it is not necessary to record their information.
You have a job posted on your corporate website. One of your registered candidates applies for the position using your website. This person has gone through all the proper channels to inform you of their interest in a specific position. You are required to gather their information.

The difficult part of this process for staffing and recruiting firms is not so much about knowing when as it is about knowing how to capture the information in a timely and efficient manner. With sophisticated staffing software such as VCG's StaffSuite WorldLink or WebPAS WorldLink, recruiters and staffing firms can electronically capture race, gender and ethnicity information at all the right times in the process, thus helping them stay legal.

• Equal Employment Opportunity Commission
• U.S. Department of Labor
&@149; U.S. Department of Justice
• Office of Personnel Management (formerly the Civil Service Commission)

Lesli Peterson is a Business Analyst with VCG, Inc., the leading provider of staffing software to the staffing industry. She has nearly 10 years staffing industry-related experience. Phil McCutchen is Marketing Manager for VCG, Inc. He has been associated with the staffing industry for over 13 years, and has more than 25 years of marketing related experience. For more information: VCG Staffing Software


More Resources

Reactions to Job Loss; Getting Past the Emotions
Without doubt, job loss through downsizing or redundancy, is a major event for everyone when it happens. Most of us invest so much of ourselves in what we do that job loss can take away our sense of status and belonging, as well as the routine and support that work provides.
Searching for an IT Job
Looking for an IT job is one of the easiest to perform due to the incredibly high demand in the IT field. As the Internet grows, corporations network through Intranets - even the advancement of science has the demand for anyone with IT skills at an all time high.
Retirement: Is It A Career Change Option?
Retirement might be the answer when you ask yourself "why do I want to make a career change" and you decide that what you actually want is not so much a career change as to stop what you've been doing altogether.This may be a good choice for some - those who can afford it - but not necessarily the right choice for all.
Career Success: Don't Be Caught With Your Pants Down
Do you want to know how to jump-start your professional career? Or, are you already in the trenches trying to be a high performer and wanting to make a quantum lead to the next stage of your career? Or, because of downsizings or reorganizations, you feel like you are paddling faster and faster but seem to be getting nowhere? Find out how to monitor your changing environment so you won't be caught with your pants down.Visualize your career environment as one huge jigsaw puzzle.
Everyday Is Saturday: Help for the Suddenly Unemployed
I recently was "unhired" by my former employer. Unhired is a softer term than "fired" but it means the same.
Workplace Melodrama--A Flair For The Dramatic
A flair for the dramatic is a theatrical term used to describe an actress or actor who has a talent for melodrama, characterized by intensely enacted interpersonal conflict and exaggerated emotions. The central figure in a melodrama is the hero, who spins his tale or portrays the justice of his cause in a positive light.
Career Transitions : Fearless Flyers
You may have read one of my previous articles on career transitioning which described how to create complementary careers for yourself. This article will introduce you to three people I call Fearless Flyers because they have taken the leap of faith that many of us would only dream of considering.
The Perils Of Employment: Are You About To Be Let Go?
From the moment you are born and you take your first breath, you begin to die.It's just a fact of life.
Little Mistakes That Keep You Unemployed
If your job search is dragging on and on, you might want to look in the mirror. Because the person looking back may be sabotaging your efforts.
Tips on Finding Employment as a Corporate Flight Attendant
I will not pretend that this is the easiest topic to write about. In fact, my knowledge of how one finds work as a private flight attendant is based chiefly on what others have shared with me.
7 Steps To A Job-Winning Resume
A new resume can jump-start your career. Your network contacts may ask for a resume and some industries absolutely, positively demand a resume as the price of admission.
How To Find A Job As A Copy Editor
Jobs for copy editors may seem like they are hard to find, but really you can find them and you can do so with many of the qualifications you already have. But, if you do not have any qualifications, this may be the first step in finding the copyediting job that you have been looking for.
Where Will Your IT Staff Come From NOW?
The labor recession is over. During the course of the recession, almost 500,000 IT positions were lost according to publicly collected data and anecdotal information suggests even more.
How to Become a Real Estate Agent
If you're wondering how to become a real estate agent, the basic process is fairly simple, although it does vary a lot from state to state..
Take the Personal Out of the Workplace: Leave Your Troubles at the Door!
Bringing your emotional baggage into the work place is inappropriate for all the reasons you may imagine. Yet employees, managers and business owners do it all the time.
How to Get Paid More Without Being Pretty or Good Looking
Guess what. The results are out they are ugly.
Overcoming the 7 Roadblocks Women with Families Face Making Career Changes
Family is the driving force of our lives. You need family to support you and in most homes you need money to support your family.
Ten Resume Writing Tips You Can't Live Without
For some job opening, employers receivehundreds and even thousands of resumes.When you are looking for a job, howcan you best promote yourself? Howcan you convince a prospective employerto pick-up the phone and call you foran interview?Sought-after career coach and authorof the critically-acclaimed book,The Dark Before the Dawn: 70 Secretsto Self-discovery, Theresa Castrostates that you should take into consideration that your resume is the first exposure a potential employer willhave of you.
Feedback: Take It or Leave It ... But Get It
The expense was substantial. An immersion workshop with twelve participants sharing a common goal to hone their skills.
Taking Your Words Seriously
When we ordered the stained glass window as an accent piece for our home, the artist-proprietor told us he was a bit behind. "So," he said, "to be on safe side, plan on six months.

More Careers & Employment Information:

Related Articles

Why Do You Want This Job?
Why Do You Want This Job? Is it because any job will do, or is it because this is the job of your dreams? What do you do - you send your winning resume, you carefully dress for the interview, you prepare to answer all of the questions about why you are the best candidate for the job. All of the literature tells you to do this.
Resume Layouts ... The Hidden Pitfalls
Options for Resume LayoutsThere are many options of available to today's job seeker. With a quick change of graphical elements such as fonts and style, the feel of a resume can change from traditional and conservative to creative and modern.
How To Answer Your Call In Mid-Life
Hank Bochenski's story proves it is never too late to walk away from a life you feel trapped in and do something that you really love.Hank spent 30 years in demanding senior positions at large high-tech companies.
Whiners Need Not Apply
Sometime last summer I decided to host a pity party and invite all my friends. Well, not all my friends, exactly.
Yesterdays Project Manager is Todays Project Engineer
The rapid growth of technology, greater exposure to knowledge, higher levels of awareness are making the young project engineer act more and more like a project manager.What I mean is, todays project engineers are actively supervising new graduates, setting and monitoring schedules & budgets, interacting with clients and so on.
How to Think Like a Headhunter to Find Your Dream Job!
In this ever changing world, we need to think out of the box to get ahead. This true for anything you do in life.
What To Do
Ever had that perfect life when everything seems perfect yet you wanna die. I am in the situation where I have the perfect imperfect world.
The 5 Ps Of A Job Search
Step One - Plan:Most people spend more time planning a one to two week vacation than they do planning their lifetime career. When planning for a vacation, you look at where you want to go, what your reason is for wanting to go to that particular place, how long it will take to get there, whether or not you want to take any side trips, what type of budget you will need, and what type of clothes you will need to take.
How to Crash - Proof Your Job Search
Think you have the speed, endurance, and know-how to fix what's broken? Bet not. The smartest people in the world are those who can leave their ego at the door, and know when its wise to seek help.
Whats Stopping You from Getting Your Next, Good Job?
This question comes up often when I'm working with someone to help them move forward in finding their next job.What is it that compels people to stay "stuck"?1.
Handing in Your Resignation and Serving Notice
Have you made the right choice? Before deciding to resign from your current position and move to a new employer, you should weigh up as objectively as possible all the relevant factors: remuneration, working environment, location, travel demands, training and development opportunities, promotional prospects, and your future bosses.Consider also what impact a job with the new company would have on your resume.
What Recruiters Hate About Resumes And Cover Letters
Today, I'm going to share with you the awful truth about resumes and cover letters.Here it is: Most of them stink.
War Time Hiring: 5 Steps to Attract Top Talent
A recent report, titled "The War for Talent" stated that over the next 20 years, employee talent will be what differentiates successful companies from those going bust. The late 90's gave us a glimpse of the talent war, but was nothing compared to what's ahead.
The Organized Job Search
Many people, under financial or other pressures to find work quickly, feel they can't afford to take the time to get organized. On the other hand, conducting your job search in an organized manner will reduce the amount of time you spend looking for information, following inappropriate leads, or waiting for your dream job to fall into your lap.
Get Out of Your Comfort Zone in the Job Search
Most everyone these days knows what a comfort zone is. My definition is the place, environment and tasks that we have learned to do and feel comfortable with--a comfort zone.
Write Resume Keywords That Gets Your Application Read
As children we often used to read stories where magical words can open caves filled with treasures or magicians using words like abracadabra..
5 Ways to Drastically Improve Your Resume in 10 Minutes of Less
Follow these quick and easy tips to build yourself a betterresume in under 10 minutes flat.* Use strong, action oriented language that describesspecific skills or accomplishments.
Is Pursuing a Career in Patent Law the Right Move for You?
What's It All About?The field of patent law is wide open to Biologists, Chemists, Engineers, Computer Scientists, and many other science and technology professionals. And it's true; individuals with the proper science or engineering degree need only pass the Patent Bar to become registered Patent Agents.
Workplace Violence - 8 Tips For Spotting Early Warning Signs
One of the greatest threats facing both employees and the companies they work for, is workplace violence. It has become the leading cause of death for women and the second leading for men, following closely behind motor vehicle accidents.
Get Beyond Your Tasks
Ever hear the story of the two masons working side by side at a building site? They're doing the same work under pretty much the same conditions. Then, one day a stranger comes along, approaches one of the men and asks him, "What are you doing?" "I don't know and I don't care," replies the man, his voice brimming with irritation.