Learn the proper steps HR directors should take to verify that applicant selection procedures comply with equal opportunity laws. Prepare for the SHRM Senior Certified Professional certification exam with expert advice.
Table of Contents
Question
A newly implemented applicant selection program may inadvertently be noncompliant with equal opportunity laws. Which action should the HR director take?
Answer
Consult with an attorney to see if it is in compliance with laws.
Explanation
If a newly implemented applicant selection program may inadvertently be noncompliant with equal opportunity laws, the most prudent action for the HR director to take is to consult with an attorney specializing in employment law to determine if the program is in fact compliant with all relevant laws and regulations.
Equal opportunity laws, such as Title VII of the Civil Rights Act, prohibit employment practices that have a disparate impact on protected classes, even if the discrimination is unintentional. Applicant selection procedures like pre-employment tests, educational requirements, or other screening criteria that disproportionately exclude certain protected groups may violate these laws if they are not job-related and consistent with business necessity.
By proactively seeking legal counsel from an attorney well-versed in equal opportunity compliance, the HR director can receive an expert assessment of whether the selection program as currently designed carries legal risks. The attorney can identify any red flags and advise on how to modify the procedures if needed to ensure they are legally defensible and do not invite discrimination claims or enforcement actions.
This step allows the HR director to catch and remedy any inadvertent compliance issues early, before the flawed selection process affects actual candidates. Consulting an attorney is the most responsible course of action to protect the company from potential legal liability and uphold its commitment to fair and equitable hiring practices. Simply assuming the program is fine or waiting for a complaint to arise would be imprudent.
In summary, having an employment law attorney vet a questionable selection program is the right move to proactively manage legal risk and maintain compliance with critical equal opportunity requirements. The HR director can then implement the attorney’s recommendations to fine-tune the procedures as needed.
SHRM Senior Certified Professional (SHRM-SCP) certification exam practice question and answer (Q&A) dump with detail explanation and reference available free, helpful to pass the SHRM-SCP exam and earn SHRM-SCP certification.