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Hantzes & Associates | Employment & Business Law

Call: 703-378-5000

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How could video applications harm recruitment fairness?

On Behalf of Hantzes & Associates | Jan 26, 2022 | Workplace discrimination |

Many people feel their age works against them when applying for jobs. While youngsters might believe an employer will decide they lack the gravitas for a particular role, in legal terms, age discrimination can apply to anyone aged 40 or over.

One new trend that is more likely to favor the younger generations is submitting video applications for jobs. Anyone who has grown up posting videos of themselves on Tik Tok and Instagram is likely to be less nervous or embarrassed about filming themself for a job position than people who grew up thinking that the point of a phone was to call people.

Employers need to look at how to remove age from the equation

Once you know someone’s age, you cannot entirely forget it. Let’s say you read applications from two equally strong candidates. If those applicants put their age on their CV, your unconscious biases may kick in, and you might decide the younger person is more suitable.

You can take advantage of the systems available to filter out such information before passing the application on to you. While you cannot ask for people’s age in applications, some applicants may put it.

Yet, videos complicate matters. It is impossible not to notice someone’s approximate age.

What legal issues do video applications raise?

Age discrimination is not the only issue you need to take care of. Video footage can also lead to privacy issues. For instance, who can you share the footage with, and how long can you store it for? One state has already taken steps to legislate for the expected rise in video applications, and others will undoubtedly follow.

If you are an employer looking to ensure that no one can accuse you of age discrimination, having accurate legal information on current employment laws will be crucial.

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