Editor’s note: You are reading the first article by Raghav Singh as ERE’s new labor market columnist (though this is not his first contribution to ERE). In case you missed the post and video introducing Raghav, you may view it here.
Termination discrimination claims are devastatingly hard to prove. Even if you have the facts on your side, your entire personal life is likely to be on display for the very organization that you believe has just wronged you. You’ll also probably have to sit in the hurt for months and months before your case is finally resolved. If there’s a verdict in your favor, the organization will likely appeal it or might even declare bankruptcy, making justice ever elusive through the court system.
Over the past few years, an increasing number of states (17 to date) and localities have banned employers from asking candidates about their salary histories. The Ninth Circuit Court of Appeals has even held that salary history can never be “a factor other than sex” under the Equal Pay Act — which is currently making headlines given that the Society for Human Resource Management (SHRM) recently expressed a desire to overturn that decision.
Your life as a recruiter can be chaotic. Juggling multiple job searches, understanding the unique needs of each hiring manager, weighing the criteria outlined in an outdated job description with what the job actually requires, screening applicants, answering questions, reminding hiring managers that it’s not a good idea to stalk a candidate’s Facebook page, negotiating offers…should I keep going?
It’s like we’re in the upside-down right now. The Equal Employment Opportunity Commission (EEOC) is currently letting employers ask questions that would normally bring an employer to EEOC jail, like, “What’s your temperature?” or “Have you been diagnosed with a disease?” Employers can even withdraw a job offer just because a candidate has COVID-19. It’s so weird! And for recruiters, it just might get weirder.