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Employment Law

 

The U.S. Equal Employment Opportunity Commission has posted an informal discussion letter regarding the legality of video in hiring. The entire article can be found at the below link, an excerpt of the article follows:

 

Title VII / ADA: Recordkeeping Responsibilities for Electronic Resumes with Video Clips / Employer Knowledge of Ethnicity, Gender, and Disability Prior to Interview

Posted October 5, 2004, Modified April 27, 2007

"...Under Title VII, it is not illegal for an employer to learn the race, gender or ethnicity of an individual prior to an interview. Of course, Title VII requires that all individuals be provided equal, nondiscriminatory treatment throughout the hiring process. If an employer representative observes a job seeker in a video clip, and either learns or surmises the person's gender, race, or ethnicity, such knowledge could increase the risk of discrimination or the appearance of discrimination. Employers need to take care in training hiring officials and human resources staff about the appropriate responses when gender, race, or ethnicity are disclosed during recruitment. Video clips might be analogized to information on a resume that clearly tells an individual's race, such as, 'President, Black Law Students Association.' In this situation, as with the video clip, the employer needs to focus on the person's qualifications for the job..."

 

As long as the hiring decision made is based on qualifications, it does not matter how much "visibility" an employer has of a candidate. As a result, the use of videos are not a violation of anti-discrimination laws and the Vipe technology does not impose additional obligations.

 

Click here to view the entire informal discussion letter.