How to avoid discrimination of LGBT candidates

Posted September 29, 2015 by

Employers must avoid discrimination in the hiring process. Any mistreatment can cost them the best talent. Employers can make LGBT candidates more comfortable applying for jobs by taking certain steps.

To help explore these issues, College Recruiter is hosting a College Recruiting Bootcamp on LGBT and other diversity hiring issues on Tuesday, September 29th at the Twilio headquarters in San Francisco. Join us.

Prior to that event, we’ll publish the opinions from a number of talent acquisition and recruiting leaders about why and how employers should diversify their workforces. Beth Zoller, Legal Editor for XpertHR, explains how to eliminate discrimination during the hiring process.

beth p. zoller

Beth Zoller, Legal Editor at XpertHR

“If an employer discovers that one of their candidates for employment is lesbian, gay, bisexual or transgender, an employer should consider the following:

An employer should be sure to eliminate discrimination during the hiring process by eliminating all questions on application forms regarding gender because this may discourage transgender individuals from applying. Further, an employer should not question job candidates about their sexual orientation or gender identity as this may viewed as discriminatory, and individuals are under no obligation to disclose this information to an employer.

If an employer learns that a job candidate is transgender and has transitioned, the employer should be extremely cautious when requesting proof of an individual’s identity or qualifications since legal documents may or may not have been changed. If an employer requires proof of identity, the employer should assure the individual that documents other than a birth certificate may be acceptable. The employer should assure the individual that his or her response will be treated as confidential and that the individual’s gender-identity history will have no bearing on his or her application.”

Bio: Beth P. Zoller is the legal editor for the discrimination, affirmative action, harassment, retaliation, employee privacy, and employee handbooks/work rules/employee conduct content in the employee management section of XpertHR. Prior to joining XpertHR, Beth practiced law for more than 10 years representing employers with respect to employment discrimination and harassment claims, contractual disputes, restrictive covenant issues, family and medical leave, wage and hour disputes and a variety of other employment-related claims.

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