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Posted by Karen Bucks on May 19, 2011 03:33

On April 25th, Huffington Post reported on a recent law passed in New Jersey in March that prohibits job postings that may be discriminatory in nature. Who are these posts discriminating against? The unemployed.

Any job ads that specifically exclude those still unemployed will be deemed unfair by the state. In greater detail the statute:

Forbids an employer or employer’s agent, representative or designee from “knowingly or purposefully” publishing a job advertisement containing one of three types of provisions:

  1. That being currently employed is a job requirement;
  2. That the employer will not consider or review job applications from those who are currently unemployed; or
  3. That the employer will only consider the applications of those currently employed.


One example includes Sony Ericsson’s post stating, “no unemployed candidates will be considered at all.” Those caught with such ads will be fined $1,000 on first offense and $5,000 - $10,000 on any following violations.

 

The news of the law has offered a variety of responses. Some say the legislation is laughable and recruiters will find a way around reviewing unemployed applicants while others think the legislation is laudable and the right step towards further decreased unemployment rates. Since it’s still early, results have yet to show the statute’s direct impact. Other states are also jumping on this bandwagon. New York submitted the same type of legislation on May 3, 2011.

A big complaint is that the law will force recruiters to sift through a lot more resumes. I should say, recruiters using applicant tracking systems shouldn’t be affected as they will be able to search based on skill set regardless of if the person is employed or not. But for those not leveraging technology, resumes could grow exponentially and without the right number of staff to handle it, HR processes and resources will be strained.

As for my two fluffy cents - I personally think it is unfair to exclude perfectly qualified people based on the fact they have been out of work for a while. Especially, since I know many bright individuals who have struggled to find work solely due to the job market and not their skill set.

Even if you don’t live in New Jersey, you may be dealing with this legislation in your own state soon. How do you think this will affect or not affect your recruitment process? What are your thoughts on the ruling?

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Posted by Jennifer Sekerka on May 20, 2010 04:11

It was quite a celebration - the event called by US Office of Personnel Management (OPM) Director John Berry last week to announce the long awaited Federal Hiring Reforms, that is.  Anticipation had been growing for months, fueled by hints dropped by Director Berry since taking office, critical evaluations of the hiring process by private sector human resources managers, and the earlier release of a strategic plan for improving the federal hiring process.  But all the chatter leading up to the event did not detract from the excitement in the least.  In fact, when Director Berry finally uttered his now famous words, "We are switching to résumés," the packed OPM auditorium erupted into applause. 

Other reform measures announced by the OPM that promise to change the entire Federal recruiting game include:

  • Dramatically reducing the time between when a job is announced and when it is filled
  • Eliminating essays as an initial application requirement
  • Using shorter, plain-language job announcements (Check out Dan Rosenblum's post for some tips!)
  • Accepting resumes and cover letters from applicants, instead of requiring them to submit complex applications through outdated systems
  • Allowing hiring managers to choose from among a group of best qualified candidates, rather than limiting their choice to just three names
  • Notifying applicants of their status in a timely manner (and at four points in the process), thus eliminating the "black hole" that applicants often feel when they don't get a response to their applications

But now that the announcement party is over, the auditorium folding chairs have been put away, you have read the inaugural Hiring Reform Blog, joined the Hiring Reform Fan Page on Facebook, and are following Reform developments on Twitter, you have returned to your desk to find it inundated by resumes!  Now what?

 


After years of honing your skills at reading and evaluating the now defunct KSA (Knowledge, Skills and Abilities) essays, formally the opening step in the application process for many Federal positions, you must now shift your focus to sifting through piles of resumes to find the best candidates for your agency.  I am happy to report, however, that there are solutions out there that can make this new task as effortless as a walk in the park, namely Applicant Tracking and e-Recruitment Systems.  And not only can these solutions automate much of your new recruiting processes, the delivery of many of these solutions as Software-as-a-Service means that you can start taking advantage of their time saving functionality as early as tomorrow, rather than waiting for your IT resources to build you a system. And, as you look to the OPM resources listed above for guidance on how to reformulate your recruiting processes, I also invite you to follow our own little iBlog for additional tips on handling that growing pile of resumes on your desk.

 

 

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