The start of a new year brings with it not only new opportunities but also the recruitment season for many companies. January becomes the starting point for bringing in fresh talent that will drive the success of organizations. However, this process must be conducted ethically and, just as crucially, in strict adherence to labour standards.
As companies look to expand their teams, it is essential to remember that recruitment is not only an opportunity for growth but also a responsibility.
As part of the recruitment process, we understand that there is a need to know more about candidates, however, there are now certain limits on the information that should be taken into account as to whether someone is suitable for the vacancy or not, so companies must limit themselves a little in terms of obtaining information, below are some examples of what can and cannot be requested:
Documents that can be requested:
- Curriculum Vitae (CV): This standard document provides an overview of the candidate’s experience and skills, serving as a fair and necessary starting point.
- Letters of Recommendation: Although valuable, these should be handled with respect for the candidate’s privacy and should not influence discriminatory decisions.
- Proof of Certifications: Specific to positions requiring particular skills, they should be requested in a fair and non-intrusive manner.
- Employment references: From persons trusted by the applicant.
- Immigration status: Information about visas and other documents necessary to grant access to social security and other employment benefits may be requested.
Documents that should NOT be requested:
- Letters of No Criminal Record: Unless strictly relevant to the position, requesting this information could infringe on the candidate’s privacy, as you are seeking to legislate on the same subject.
- Pregnancy Testing: Pregnancy status should not influence hiring decisions; asking for it could be considered discrimination.
Another practice used by some companies, especially in transport and security, is the application of pre-employment substance use tests; to obtain an ethical application, it is imperative to obtain the worker’s consent as a fundamental principle. Furthermore, their implementation should only be reserved for exceptional situations and closely related to job responsibilities. It is essential to stress that these tests should not be imposed arbitrarily or used as a discriminatory tool in companies. The legality of their application requires reasonable justification and must be accompanied by security measures that protect workers’ rights. For example, in roles involving security and surveillance services, as well as in the case of drivers, such tests could be considered, always with a fair and respectful approach to individual rights.
As the recruitment process progresses, it is well known that one of the stages of the process is to get to the point of the interviews, however, we must continue to take care of the process as it is very easy to incur in topics that can lead to discriminatory comments, below we will see some points and examples of what can and cannot be asked:
- Acceptable questions:
- Work experience and education.
- Skills and qualifications directly related to the job.
- Strengths and areas for improvement relevant to the job.
- NOT acceptable questions:
- Sexual orientation.
- HIV status.
- Pregnancy or family plans.
- Any question that could lead to discrimination.
This is because respect for diversity is essential in the workplace and is not only ethical but also a legal obligation. Asking inappropriate questions during the interview can result in discrimination create a hostile environment and damage the company’s reputation. Employers must focus on the candidate’s skills and competencies without considering irrelevant personal factors.
At the beginning of this year, when companies embark on the recruitment process to build solid and dynamic teams, it is essential to remember that sustainable success begins with ethical and legal practices at all stages of the process. If you have doubts about how to implement these practices in your company or need legal advice on recruitment issues, at Vega, Guerrero & Asociados, we are here to help you and offer you specialized legal services to ensure a safe and legal recruitment process!
