-
Candidate Referral
Employers may contact you to request the names
of students who would be excellent candidates for job opportunities. At
first glance, it seems harmless to provide the names of your best students.
However, there are some potential legal and ethical pitfalls. If you or
a colleague receive a job lead from an employer and choose only to refer
a few individuals without publicizing the position to all students who
may be qualified, you are not maintaining "a fair and equitable recruiting
process."
Also, by identifying individuals for employment
on a "regular" basis, you may be considered an "employment agency" for
purposes of compliance with equal employment opportunity laws. For example,
if it appears as if you are (innocently or otherwise) referring only male
students or only minority students, you may be open to charges of discrimination.
Employers who act in accordance with the Principles
understand and expect students to receive open and equal access to
information about job opportunities.
A Suggested Course of Action: If you receive
a request for student referrals, you can, of course, notify individual
students who have declared an interest in such positions and encourage
them to apply. However, also post the position in your department and announce
it to your classes. At the same time, contact the university career center
so that the position can be listed campus-wide. There are practical reasons
for these actions. The career services office may have an existing relationship
with the requesting employer through co-op, part-time/summer job, internship,
job fair, or other recruiting programs. Or, the career center practitioners
may wish to develop a broader relationship with the employer. Sometimes
unproductive misunderstandings occur when an employer works with more than
one campus office.
- Referral of Minority Candidates
Most employers have diversity objectives in their
college relations programs. Accordingly, they will make a special effort
to identify and attract minority candidates. You will probably be asked
for help in accomplishing this task.
The NACE Principles document endorses compliance
with EEO guidelines and adherence to affirmative action principles by both
college and staffing professionals. It is illegal to discriminate against
protected groups. It is considered appropriate for career center practitioners
to inform members of protected groups about employment opportunities, especially
in areas where minorities are underrepresented. Similarly, employers are
encouraged to inform minority populations of special activities, e.g.,
information sessions or career fairs that have been developed to help achieve
an employer's affirmative action goals. You can participate in all of these
activities.
While it is lawful and ethical for you to assist
employers in reaching out to minority groups, it is inappropriate for you
to identify only minority individuals who might fit the needs of an organization.
You have an obligation to provide a "fair" system, i.e., one where all
students have access to information about career opportunities.
A Suggested Course of Action: If you receive
a request for minority candidate referrals, you can make announcements
in class, post signs in your department, notify minority students' organizations
(e.g., societies of black, female, or Hispanic engineers), pass the request
on to the career center, and encourage the employer to contact the career
center directly. You can also refer the employer to your college's minority
student advisory office (if one exists). That office may be authorized
to provide a full list of the members of a requested population.
- Providing References
When you are asked by an employer for a student's
reference, confidentiality becomes a major concern. Simply, information
about a student should not be shared unless the student has furnished you
with prior authorization. Once permission has been obtained, you should
provide information that is based on facts, not conjecture, and not on
personal information unrelated to the student's qualifications for the
job in question.
A Suggested Course of Action: When you
are asked to provide a written or oral reference for a student, obtain
written permission from the student. All reference information should be
based on firsthand knowledge and, if possible, written documentation. When
providing information, you should avoid personal matters (e.g., marital
status, health, disabilities, race, religion, etc.) that by law should
not be included in employment decisions, even if you believe that such
information might enhance the student's candidacy.
- Final Comments
The goal of student employment is most likely
reached when all parties involved work cooperatively, ethically, and within
the law. There may be instances when you are unsure of how to help your
students and stay within the law. On those occasions, call the career services
center for more information.
You and your colleagues on the faculty are encouraged
to offer comments to your career services center practitioners regarding
these guidelines and the issues this guide addresses. Please feel free
to note issues that may not be covered.
