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discrimination_in_the_hiring_process.docxDiscrimination in the Hiring Process
At some point in our careers, we will come across a situation in the workplace that one finds ethically questionable or illegal. Those whose who oversee the hiring process are required to be very careful when communicating with or about a candidate due to the discrimination laws. There are still employees and employers who do discriminate, especially against homosexuals. Unfortunately, with many states having at-will employment laws, there are ways to hide the real discrimination taking place with the all too famous phrase “You are no longer being considered, as there are other applicants who have qualification that more closely match our requirements”. So what actions do you take when an employee violates the law and there is no written proof?
Homosexual Discrimination
Two years ago at Williams Staffing Inc. (actual company name withheld due to confidentiality agreement), the prior President was training me on resume review and recruiting policies and procedures. While I was reviewing the cover letters and resumes of a couple of applicants, I pulled a couple from our tracker that I found to be qualified and had previous experience at very large, and highly sought after organizations in our local area. Both applicants were male and openly disclosed their lifestyle in their cover letter. While I saw great potential, the president got stuck in the cover letter over the issue that they were gay. She immediately discarded their resumes without reviewing their work history and told me she would never bring them in because they were gay. I was absolutely appalled, and inquired why their sexual preference had anything to do with their eligibility for the open position. The president informed me in her previous 37 years of experience, she had never had a positive experience interviewing, presenting, or placing a gay candidate.
While I understand being more cautious in the hiring process as a result of those negative experiences, I didn’t feel like it was ethical or legal to eliminate them based on their openness about their personal life. I chose to bring one of them in for an interview and see if his experience reflected his interpersonal communication skills. The candidate was a very polished, sharp, and friendly individual who was very enjoyable to interact with, so I chose to send him the skills tests and see how well he did. He scored in the high 90’s on his skills tests, so I presented him to our client without the presidents knowledge. Our client loved him and chose to extend an offer to him.
I had hoped this would ease some of the misconceptions the president had concerning gay applicants; however, I was wrong. She was very displeased that I had proceeded with an applicant that was gay and had presented him to the client. Her concern was he would cause us to lose this long-time client due to creating drama in the workplace, being flaky, not taking his position seriously, and being incapable of presenting excellent work for his new employer.
Once the candidate had accepted the offer from our client, the president of our company called an immediate meeting with the recruiters. The president wanted to stress the risks of presenting and placing homosexuals with our clients. “One placement cannot justify the loss of a client”, she said. The president told us, in the future, we were not to present any candidate to a client who we suspected or confirmed was gay. While none of us in the office agreed with what she said, we had no written proof that it was actually taking place. The discrimination that took place was solely discussed in the office and never written, never left on a recorded line, and never verbalized to a client.
Ethical Concerns
