Legal?
I get that some people would decline, sure. But what do you think is illegal about it?
Comment on AI hiring tools may be filtering out the best job applicants
Reverendender@sh.itjust.works 8 months agoYep. I literally told a company there was no legitimate legal reason they could possibly want this, and good luck with their search. What better way to practice racism and ageism in the hiring process?
Vanth@reddthat.com 8 months ago
abhibeckert@lemmy.world 8 months ago
I dunno what country you’re in, but in my country you are required by law to have a valid reason to reject a job candidate. That reason can be pretty simple, such as “your application was not as strong as other candidates” but you need to be able to back that claim up if you’re challenged (and you can be challenged on it).
The recommended approach is to have a list of selection criteria, and carefully consider each one then write it down and keep a record of the decision for a while, incase you end up on the wrong end of a discrimination lawsuit. Candidates have the right to ask why they were unsuccessful (and they should ask - to find out what they can do better to improve their chances next time. As a hiring manager I would note down anyone who asks and consider offering them a job in the future, bypassing the normal recruitment process).
If your selection criteria includes “they need to wear nice clothes” then you’re treading on very dangerous territory and could easily be charged. The damages is commonly six months pay at the salary of the position they applied for, and can also include a court order for you not to be involved in the hiring process going forward.
Vanth@reddthat.com 8 months ago
[deleted]abhibeckert@lemmy.world 8 months ago
Please tell me the country where declining to offer that candidate a job would be illegal.
Australia. It’s not clearly illegal but it’s dangerous territory. Candidates have a general right to be treated as equals and you need to reject someone for reasons that are relevant to the job position.
Nollij@sopuli.xyz 8 months ago
What legal reason(s) do you have for needing to see their appearance when making a decision on whether to hire them? You may have some, such as requiring a professional appearance. These need to be spelled out in the job requirements. It also opens the doors to claims of illegal discrimination, since this will be on full display. In the US, that includes race, age, and gender. Having a required video can also reveal protected classes like familial status and religion, depending on what’s in the background.
Whether an action is “Legal” is almost always dependent on context, and the lawyers/courts involved. A common tactic by racist nightclubs is to set a dress code, particularly on shoes. The argument is they aren’t refusing entry based on race, but on clothing. But the unauthorized shoes are the ones commonly worn by people of the race they’re discriminating against. Different courts have made different rulings on whether this (and similar actions) constitute racial discrimination.
conciselyverbose@kbin.social 8 months ago
There's also that.
But purely on the premise of "you should take the time to record a video merely for the pleasure of maybe having us look at your application", their expectations are way out of whack.
This isn't like when Google put scavenger hunts or puzzles or whatever in ads and gave job offers to people who solved them. The people who got hired by those ads were following through out of curiosity/the fun of solving the problems, and that wasn't the main/only way to get a job. It's just a new absurd demand trying to push the threshold of what's a legitimate ask.