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4.2 Equal opportunity requirements (United States) or human rights legislation (Canada)

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If you are placing an ad in the United States, you must be careful that your ad does not contain any language that violates Equal Employment Opportunity Commission (EEOC) requirements. You cannot make statements such as “Recent college graduates please apply” or “No applicants older than 40, please.” You should also include a statement of your status as an equal opportunity employer.

Similarly, in Canada, statements that unnecessarily restrict certain people (based on age or sex, for example) are prohibited by federal and provincial human rights legislation that regulates discrimination.

You should also be aware that Internet recruitment presents some challenges. One major question that continues to be debated is “What is an applicant?” If you receive an unsolicited résumé when you have not posted a job, do you need to consider that résumé when an appropriate job — or any job — opens up?

In certain cases, your company might be required to demonstrate it practiced fair hiring practices by defining the eligible population for your job search. This means you must determine the proportion of people of a certain sex or ethnic background in the general population and compare that to the number of applications you received from members of that sex or ethnic background. If the proportion of applications is similar to that group’s representation in the general population, you can be confident your hiring process didn’t inadvertently create barriers for that group. Defining the eligible population in your city is relatively easy. Defining that population online presents some unique challenges. One way to avoid problems if you are using the Internet for recruitment is to use other sources of candidates as well.

To avoid any problems with your recruitment practices, contact the EEOC (in the United States) or the federal and provincial human rights commissions (in Canada) to ensure that you are abiding by the law.

Employee Management for Small Business

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