Video resumes can work against job seekers

A relatively new tool -- the video resume -- has come to the applicant selection arena that most employers haven't seen yet.

Primarily, the tool is being used by teens and college-age students.

But as they start to enter the work force, employers must be careful of the slippery slope.

While the video resume allows one to view a candidate's speaking manner, presentation skills and presentation of their work experience, it also can allow for a hiring decision to be made on factors that should never be part of the decision-making process:

•  Race
• Appearance
• Disabilities

The Equal Employment Opportunity Commission (EEOC) has established two major rules that every employer must be aware of and video resume viewing falls under them.

The first rule

The first one is Title VII of the Civil Rights Act of 1964. Under Title VII, while it is not illegal for an employer to request applicant information on a voluntary basis regarding the race, gender or ethnicity of an individual prior to an interview, it is illegal to base hiring decisions based upon these characteristics unless there are "bona fide occupational qualifications" that would warrant their consideration.

Title VII requires that all individuals be provided equal, nondiscriminatory treatment throughout the hiring process.

When an employer observes a job seeker in a video resume and observes (or assumes) the person's gender, race or ethnicity, such knowledge could increase the risk or appearance of discrimination.

Employers must train their hiring officials about the appropriate responses when gender, race or ethnicity are disclosed during the interviewing and selection process. Video resumes can be compared to statements such as "President, Black Law Students Association" that would be found on a paper resume.

In these situations, the employer needs to focus on the person's qualifications for the job.

The second rule

The other rule which the EEOC enforces is the

Americans with Disabilities Act (ADA). An employer cannot ask questions on the application form or in an interview that are likely to elicit information about a disability prior to a job offer.

During the preview of a video resume, if you learn or suspect that an individual has a disability, you have not violated the inquiry prohibition of the ADA, but you must not use that information to discriminate in hiring.

As with all other applicants, you must focus on the individual's qualifications for the "essential requirements" of the job.

Advice on video resumes

Some advice for employers who want to use video resumes: To avoid potential charges of discrimination or lawsuits, make sure you have established objective criteria of qualifications and experience for the job.

Use these criteria fairly and evenly during the selection process.

To help facilitate neutrality in the selection process, employers should also consider requesting paper resumes or electronic resumes from those individuals who submitted video resumes.

You should reserve viewing the video resumes until after the initial screening of all the applicants' paper or electronic resumes.

Also, bear in mind that not all applicants will be able to prepare their resume with equal quality and not everyone will come across equally well on camera who would otherwise be a well-qualified applicant.

Video resume record keeping is the same as for the current paper resume standards. Unsolicited resumes do not need to be kept; solicited resumes (both paper and video) should be retained one year and selected applicants' resumes of people who become employees of the organization need to become part of their employee personnel files and kept for three years.

If you are still comfortable with the concept of using video resumes, proceed viewing only after verifying that the candidate met your preliminary experience and qualification requirements.