Internal Recruitment Legal Issues

Created by FindLaw`s team of writers and legal writers| Last updated: 10 December 2018 Further analysis and investigation into these issues will help expand the limited knowledge available about internal recruitment practices in organizations. In addition, a detailed and comprehensive discussion of these research questions will help provide an excellent foundation for the theory of how internal recruitment can help a company gain a competitive advantage over its competitors in an increasingly competitive business environment, both locally and internationally. In addition, these research questions will help identify some of the critical legal issues that a company that chooses to recruit internally may face in the long run. These issues are fundamental and merit critical consideration in order to increase the organization`s ability to achieve its goals and objectives with the help of the best human resources it can achieve in the labour market (Wilton, 2016, p. 69). It is illegal for an employer to post a job posting that shows a preference for someone or discourages them from applying for a job based on their race, colour, religion, sex (including gender identity, sexual orientation and pregnancy), national origin, age (40 years or older), disability or genetic information. What are some of the legal issues that may arise from internal recruitment in an organization? Some of the theoretical resources I will use to draw more evidence for my field of study include empirical scientific articles such as case studies, research articles, and corporate reports from HR departments, which provide relevant information on some of the more reliable theories that can help solve the issue of internal recruitment and some of the potential legal issues that arise from This practice. (Verkerk and Lindemann, 2011, p.94). Matching theory, or the model that helps illustrate the importance of maintaining and aligning organizational structures and employees with existing organizational goals and strategies, is the main theoretical framework for this study (Reina and Vera, 2015, pp.155011). Under laws enforced by the EEOC, it is illegal to discriminate against anyone (applicant or employee) on the basis of race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 years of age or older), disability, or genetic information. It is also illegal to retaliate against a person who has complained of discrimination, filed a discrimination lawsuit, or participated in an investigation or prosecution of discrimination in the workplace.

Employers can use different types of media to communicate their recruitment messages, ranging from traditional to high-tech. Other recruiting partners may include state and community programs and services, educational advisors, teachers and professors, and external recruiters. Some companies are taking a more consistent approach to internal recruitment, potentially requiring managers to nominate high-performing individuals as candidates for internal positions. This is generally an informal system, but it can be very effective in small organizations where people are familiar with the work of employees in other departments. However, this approach may appear or in fact involve favouritism or unlawful discrimination. The consequences of both can negate any benefits the employer can derive from an internal promotion. It`s an extremely complex process, and at every step of the way, you need to be aware of some legal implications. Even the questions you ask during an interview must be carefully weighed so that they are not seen as discriminatory. Each step mentioned above must comply with legal requirements. If you don`t, you can quickly enter legal chaos. Let`s start at the top and look at six important legal issues that a recruiter needs to pay attention to when recruiting and selecting.

Please note that I am not a lawyer, but a concerned HR professional who wants to prevent her colleagues from making unnecessary mistakes. If in doubt, please consult a lawyer. Various benefits result from the practice of internal recruitment within a company. For example, internal recruitment helps an organization reduce the overall time it spends on the hiring process, allowing it to achieve its short- and long-term goals faster (Shafique, 2012, p. 889). Second, this practice is relatively less expensive than external recruitment, as it reduces the cost of an ad on social media platforms. Third, internal recruitment helps to increase employee engagement within the company and thus acts as a method of motivation for existing employees (Jones et al. 2012, p. 269). In addition, it significantly reduces employee onboarding time, as hired employees already know the work environment. What are the benefits of implementing internal recruitment as the main workforce strategic plan to find the best candidates for vacancies in the company? The law prohibits an employer from making an employment decision based on a person`s race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 years or older), disability, or genetic information.

This means that an employer must not discriminate when it comes to things like hiring, firing, promotions, and compensation. It also means that an employer must not discriminate, for example, by granting breaks, approving leave, assigning jobs or setting other terms and conditions of employment, however small. Harassment outside the workplace may also be illegal if there is a connection to the workplace. For example, if a supervisor harasses an employee while driving them to a meeting.