Protect Your Business From Unsolicited Resumes

On March 4, 2004, the EEOC gave employers a powerful tool to protect themselves from the flood of internet blasted resumes or other unsolicited “applications”.

Until now, an “applicant” had been defined as a person who has “indicated an into rest in being considered for hiring, promotion, or other employment opportunities”.

Anti discrimination laws place certain responsibilities for all business relating not just to employees, but also job applicants. Unwary businesses can be unfairly targeted by enterprising, though unqualified or uninterested applicant, who sent in unsolicited interest in the position and later claimed mistreatment because he/she was not even interviewed.

Under the new guidelines, an individual who applies via the internet or related electronic data processing technology will only be considered an applicant if;

  • The employer has acted (i.e. sought applicants) to fill a particular position;
  • the individual has followed all the employer’s standard procedures for submitting applications; and
  • the individual has indicated an interest in the particular position.

Unsolicited resumes, or those posted in the third party resume banks on the internet do not qualify an individual as an applicant.

To be sure your business is ready for job seeking in the electronic age:

  • Implant well established procedures for reinviting and tracking an applicants.
  • Take care that any electronic selection criteria do not create a disponate impact upon any one targeted group.
  • Any electronic selection criteria must also be job related for the particular position ans consistent with business necessity.

In short, this is a good time to review application procedures particularly if on-line or electronic applications are part of your business.

For further information, please contact one of the experienced lawyers available to serve your legal needs.