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Recruitment and Selection Process: Unfair vs Illegal

The importance of the HRS recruitment process is understood by successful human resources departments. For the company’s long-term success and future goals, hiring talent is of extreme significance.

The recruitment and selection process entails determining the job’s requirements, posting the position, outlining the position and the job holder’s requirements, and selecting the best applicant.

Although the question raises, “What are the differences between illegal and unfair recruitment and selection process?”

A HR recruiting practice must fundamentally discriminate against a job applicant in a way that violates their civil rights, disability, or other related laws in order to be considered illegal. 

On the other hand, the hiring practice is deemed unfair if you aren’t transparent about the position or if you’re using different standards to evaluate one candidate versus another. 

Let’s discuss it in detail!

Difference Between Illegal and Unfair Recruitment And Selection Process

Corruption in recruitment does not violate any labor, civil rights, or legislation pertaining to people with disabilities, these actions are unjust to job hopefuls.

1. Unfair Recruitment And Selection Process:

Only Hiring from Resumes:

Although it might be challenging to HR recruitment manage, finding a new team member who performs well is just as crucial as finding them the necessary skills and credentials.

Informal Interviews:

Unstructured interviews encourage decisions based on hidden biases. Many hiring managers turn to impromptu methods and gut instinct when faced with a lack of precise criteria for screening and assessing candidates.

Unspecific Job Descriptions:

Candidates lose time and your time for withheld information from them. Clearly state your required qualifications in your application by using simple language.

Employing Recommendations:

It may be alluring to add a new team member based on a reliable referral, but think again before you start the onboarding process because doing so will reduce the diversity of your candidate pool.

2. Illegal Recruitment And Selection Process:

  •  Discrimination:

    In a job advertisement, it is illegal to single out any particular protected class. Businesses are not permitted to mention that they only hired or preferred specific individuals based on their race, color, age, religion, sex, national origin, or disability.

  • Cons of interviews:

    Many interview questions first seem innocent, but they might really get the employer in legal trouble.

  • Using Unauthorized Workers:

    Hiring, recruiting, or referring undocumented workers for employment is illegal by law.

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How to Perform Fair Recruitment Process

1. Potential sources: 

Choosing the best applicants from within the organization and encouraging staff to recommend people who might be a good match for the position are both components of an internal search.

2. Execute a checklist:

Ask the client questions to better understand the job sequence before hiring to fill a vacancy. Obtain information about the position’s title, specifics of the job description, needed and recommended credentials, location, and salary range.

3. Candidate interviews:

Interview selected and qualified candidates after you’ve reduced your list of candidates. Depending on where the candidate is located, this can be done either in person or through video.


1. What problems do selection and recruitment face?

  1. Attracting the best applicants.
  2. Recruiting capable candidates.
  3. Hiring quickly.
  4. Establishing a powerful employer brand.
  5. Providing a positive applicant experience.
  6. Unbiased hiring.

2. Why is fairness essential in the recruitment process?
Fairness in the recruitment process is crucial since it reflects favorably on the company. The organization appreciates people, according to perceptions of fairness. On the other hand, resentment or worries about widespread abuse in the company can result from perceptions of unfairness.

3. Are recruitment corruption practices prohibited?

Infractions of the National Labor Relations Act (NLRA) and other labor regulations include activities committed by unions or employers that are referred to as unfair labor practices. 

Some of these regulations cover contacts between the union and the employer, while others defend particular employees from unjust treatment by a union or employer.

To Summarize

It requires work and dedication as well as the active participation of your company’s leadership. It makes sure that your hiring procedure is impartial, fair, and devoid of discrimination. Continuous optimization and monitoring are also necessary to prevent corruption in recruitment

To do this, you must gather enough data and frequently evaluate it in order to examine the hiring and promotion trends inside your company. To know more contact us!