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This is a very complex question and there are no obviously correct answers. Here in Ontario, what you did outside of business hours is the business of a prospec
by raganwald 16y ago
This is a very complex question and there are no obviously correct answers. Here in Ontario, what you did outside of business hours is the business of a prospective employer in a certain sense. We have a law prohibiting certain forms of hiring discrimination, and as part of that it is illegal to ask a candidate questions pertaining to such things. So for example, I am not allowed to about your religious activities.
But I am allowed to ask questions that do not directly or indirectly adress illegal discrimination, and asking about profession-related activities is usually on-side.
That being said, it is perfectly legal for anyone to file a lawsuit suggesting that perfectly legal questions are being used to indirectly create illegal discriminatory practices. So if I never ask about religion but I only hire from my network which "happens to be" my church or my weekly Richard Dawkins Appreciation Society club...
What little I know about HR suggests that hiring out of a professional network that is agnostic about discriminatory matters is legal. HOWEVER, programming networks are on shaky ground. Not because of religion, but things like Ruby Conferences seem to under-represent certain protected classes of people like women.
Another example: If I put out a call for applicants on my own blog and that's the only source of applicants, am I discriminating against people who speak English competently for professional purposes but only read Hindi or Mandarin programming blogs? In ontario, that could be construed as illegal.
I can't give anyone legal advice, but if your network gives the appearance of discriminating against qualified candidates in protected classes, I suggest that it's good business sense to expand your network. It's a win-win: You'll get qualified people that other employers are ignoring, and your legal costs will go way down.
So... Good point about the title. And even though I am NOT saying that in an interview I refuse to hire someone who does not blog or go to conferences or tweet or whatever, my filtering mechanism could be breaking the law if it accidentally discriminates in a legal sense.
- jacquesm 16y agoThat perfectly sums it up. The problems really only start when you get larger though. If you were to go over roughly 20 employees and you put out calls for applicants. Ontario is pretty bad in this respect actually (I still have an Ontario corporation, I probably ought to shut it down) I remember all the cautioning from our corporate lawyer there regarding interview questions. For instance 'how old are you?' is an illegal question, but 'are you over 18?' is ok. Under 20 employees and when using non-public ways of reaching potential hires the situation changes a bit, but someone could still have a case if they felt that they should have gotten a job and you refused them for some imaginary reason. Being an employer in a litigious climate is pretty tricky.
- yummyfajitas 16y agoIt's a win-win: You'll get qualified people that other employers are ignoring... Not necessarily, if you account for time wasted on pointless interviews. Some networks/channels are simply better, and a better network causes you to waste less time interviewing fools. My company has been hiring, and I've found that the candidates who contact me through HN are of a higher quality than those we've found via recruiters. If you recruit from a lower quality pool, you need to spend more time filtering out the chaff. Maybe it's necessary to avoid lawsuits, but it's not necessarily a win-win.