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Some 28 percent of job recruiters said they would react negatively to a candidate’s “overtly religious” posts or tweets on social media, according to Jobvite’s sixth annual “Social Recruiting Survey.”
Another 2 percent of recruiters said they would react positively to such posts. But pro or con doesn’t really matter, because both reactions are discriminatory, notes attorney Lorene Schaefer in her human resources blog.
Schaefer said the figures “should cause in-house counsel, employment lawyers, HR managers, and business leaders across the U.S.” some concern. Schaefer, a former division general counsel for the General Electric Company, is president and co-founder of Workplace Investigations Group as well as a founder and mediator of One Mediation Inc. in Atlanta.
Her blog points out that Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against prospective employees, as well as current employees, because of their religious beliefs. She also quotes the Equal Employment Opportunity Commission website, which states that treating applicants differently based on their beliefs is religious discrimination.
She suggests companies discuss the Jobvite survey figures in training sessions with their recruiters and explain why either reaction could create legal liability for the companies.
In other findings, the survey reported: