Legal Liability

Should employers worry that screening candidates through video will suddenly make them liable for discrimination on the basis of protected attributes such as age, race and national origin? The answer should be clear from the U.S. Equal Employment Opportunity Commission (the “EEOC”), the agency of the United States Government that enforces the federal employment discrimination laws. The EEOC itself uses video screening to interview applicants for one of its own programs (Honor Attorney Program). From a legal perspective, video interviewing and in-person interviewing are both appropriate screening methods as long as employers provide equal, nondiscriminatory treatment throughout the hiring process. Employers should, however, consider offering alternate ways of interviewing for those who might not be able to participate in video interviews, such as the visually or hearing impaired. In short, if you use common sense and stay within the bounds of the law, you will find video interviewing to not only be perfectly legal, but also just perfect for your hiring needs.