Is paperless hiring in your future?: E-recruiting gets less risky

The Internet is increasingly likely to be the job search vehicle of choice for applicants and the recruitment vehicle preferred by employers given the current competition for skilled employees. New federal legislation facilitates electronic transactions, including hiring practices that use the Internet, making them as legally valid as paper transactions. Now an employer may accept resumes, convey a job offer or obtain applicant consent to a background check using e-mail or through a Webpage, and the transaction will be as likely to be valid as if the employer used the U.S. Mail. Yes, the employer must be aware of new consumer disclosure requirements that will apply when an applicant is entitled to written legal disclosures and the employer wants to make the disclosures electronically. And yes, there are other legal risks that include potential employer liability for violating employment discrimination laws, laws related to applicant background checks, and laws prohibiting false advertising. These legal risks can be minimized and the new electronic signature law significantly tips the balance of legal risk factors in favor of electronic recruiting. This article offers an Action Plan to help employers and their counsel implement e-recruiting while minimizing the legal risks.