Weeding Out the Bad Candidates: Best Practices for Resume Review and Pre-Screening

Agenda

Attracting Qualified Applicants

• What to Post and What to Avoid
• How to Avoid Potentially Discriminatory Language
• What Job Requirements to Include
• Commitment to DEI
• Where to Post
• Legal Implications of Posting on Certain Sites (i.e., Posting on Social Media and Reaching a Younger Demographic)
• Reaching Diverse Applicants Post on Diverse Job Boards

Resume Review/Screening

• Information That Can Be a Proxy for Protected Status
• Gaps in Resume Gender/Parental Status/Criminal Background Discrimination
• OverQualified Candidates Age Discrimination
• Ban-the-Box Laws
• Implicit Bias
• Studies Regarding Identical Resumes With Stereotypically Black/Latino or White Names
• How to Avoid Implicit Bias
• Anonymize Resumes
• Use AI in Screening
• Are Employers Liable When Screening Is Done by Third Party (Temp Agency, Recruiter, etc.)?

Taking Into Consideration Information From Sources Other Than Application

• Pros and Cons of using Google/Looking at Social Media

Questions and Answers

Credits

Faculty

Gregory P. Abrams

Tucker Ellis LLP

• Partner at Tucker Ellis LLP
• Represents and counsels employers in all facets of labor and employment law
• Has supported multiple national employers in developing and revising employment policies for compliance in all states in which they operate
• Experienced litigator who regularly defends companies in state and federal courts as well as in front of administrative agencies throughout the country in all types of employment litigation, including class actions and collective actions, wage and hour matters, discrimination claims, noncompetition claims, trade secrets misappropriation, and other similar claims
• Regularly presents at CLEs and other speaking engagements regarding all facets of the employment relationship
• Has written and published extensively on employment and privacy-related issues and has been quoted and interviewed by multiple national media outlets on these topics
• Admitted to practice law in Illinois
• Graduate, University of Chicago Law School and University of Pennsylvania
• Can be contacted at [email protected] or 312-256-9444

Katrina W. Forsyth

Faegre Drinker Biddle & Reath LLP

• Associate at Faegre Drinker Biddle & Reath LLP
• Represents clients in all aspects of labor and employment matters, including litigation, compliance with federal and state labor laws and regulations, hiring and termination of employment, wage and hour requirements, and employee discipline
• Also advises employers on practices and procedures such as drafting and distributing employment policies and employee handbooks; she has represented clients ranging from nonprofit organizations with fewer than 10 employees to large international corporations
• Prior to joining the Faegre Drinker Biddle and Reath, she was an attorney at a national law firm with a primary focus on employment, labor, and workforce management; and litigation and business disputes
• Admitted to practice law in California
• Graduate, University of California, Hastings College of the Law and George Washington University
• Can be contacted at 310-203-4063 or [email protected]

Caroline L. Guensberg

Faegre Drinker Biddle & Reath LLP

• Law clerk at Faegre Drinker Biddle & Reath LLP
• Assists in advising and representing employers on labor and employment issues with an emphasis on wage and hour and discrimination issues
• Prior to joining Faegre Drinker Biddle and Reath, she was an attorney at a national law firm with a primary focus employment and labor, and served as a judicial clerk
• Regularly researches and writes client updates and alerts for the firm’s labor and employment group
• Admitted to practice law in New York and the District of Columbia
• Graduate, George Washington University Law School and from Wake Forest University
• Can be contacted at 415-591-7511 or [email protected]