[SBE] Advertising engineering jobs
Paul Christensen
pchristensen at ieee.org
Wed Jan 4 14:43:11 EST 2012
Stating the experience, education, and/or training requirement(s) during
recruitment is fine. This can even be discussed during pre-selection. U.S.
DOL has effectively eliminated questing concerning lawful employment status.
OTOH, a question like "Is there anything that prevents you from performing
the duties required?" is generally a safe-harbor question.
To me, the unfairness is that U.S. DOL and DHS is holding an employer liable
for unlawful employment but prevents the employer from using due-diligence
during recruitment. The gray zone is what occurs in between selection and
actual placement. The employer is obligated to comply with I-9 document
requirements in between these two events. The requirements are even
stricter for those companies that must comply with the new E-Verify rules.
And, once registered in E-Verify, the employer is compelled to use the
process uniformly for every opening that occurs in the future. In time,
E-Verify will likely be a requirement for all employers -- small and large.
Paul
====================================
Paul Christensen, CPBE CBNT 8-VSB AMD
LAW OFFICE of P. B. CHRISTENSEN, P.A.
3749 Southern Hills, Jacksonville, Florida 32225
Office: (904) 379-7802 Facsimile: (904) 212-0050
pchristensen at ieee.org
----- Original Message -----
From: "Ron Castro" <ronc at sonic.net>
To: "'sbe member discussion mail list'" <sbe at sbe.org>
Sent: Wednesday, January 04, 2012 2:18 PM
Subject: Re: [SBE] Advertising engineering jobs
> I'll follow up on that, and thanks for the reminder about not asking about
> employment status. I read this week that even requiring a high school
> diploma is considered to be discriminatory. I'm glad I'm hiring an
> engineer
> and not a brain surgeon!
>
> Ron Castro
> Chief Technical Officer
> Results Radio, LLC
> N6IE
> www.N6IE.com
>
>
>
>
>
>
> -----Original Message-----
> From: sbe-bounces at sbe.org [mailto:sbe-bounces at sbe.org] On Behalf Of Paul
> Christensen
> Sent: Wednesday, January 04, 2012 9:42 AM
> To: sbe member discussion mail list
> Subject: Re: [SBE] Advertising engineering jobs
>
> Ron,
>
> Creating a job order with the State of California, or any state where the
> employment will be performed, is always a viable option.
>
> http://www.caljobs.ca.gov/
>
> The job order creation is free, and both the FCC and U.S. DOL regulators
> love to see this form of recruitment attempt. The campaign can be managed
> so that multiple forms of response can be controlled by you, the employer.
> When we run job orders, we almost universally require response though the
> U.S. mail and not through electronic means. This typically has the effect
> of screening wholly unqualified workers who are simply applying for
> anything
> in order to attain/retain unemployment compensation benefits. This is not
> my rendering of legal advice to you or anyone else -- I'm just stating
> what
> we do with our specific job orders.
>
> Also, as a reminder to those who may not be exposed to recent changes in
> I-9
> compliance -- the interviewer may no longer request the validity of lawful
> employment status during the recruiting and interview process. That data
> can only be verified after selection. Hard to believe, but true. U.S.
> DOL
> has deemed that line of questioning to be a potentially discriminatory
> practice prior to candidate selection. The company's legal counsel
> should
> be consulted on any of these matters. However, I have found that even
> large
> corporations with access to significant legal resources are still
> violating
> changes to I-9 policy.
>
> Paul
>
> ====================================
> Paul Christensen, CPBE CBNT 8-VSB AMD
> LAW OFFICE of P. B. CHRISTENSEN, P.A.
> 3749 Southern Hills, Jacksonville, Florida 32225
> Office: (904) 379-7802 Facsimile: (904) 212-0050
> pchristensen at ieee.org
>
> ----- Original Message -----
> From: "Ron Castro" <ronc at sonic.net>
> To: "'sbe member discussion mail list'" <sbe at sbe.org>
> Sent: Wednesday, January 04, 2012 11:22 AM
> Subject: [SBE] Advertising engineering jobs
>
>
>> As some of you know from a posting I sent out recently, our company,
>> Results
>> Radio is looking for engineering help in Redding, CA. FCC EEO rules
>> require
>> that we "cast a wide net" to advertise the opening and I'm wondering from
>> the folks on the reflector what advertising resources are helpful for
>> filling engineering positions. I have posted on the SBE website.
>> Craig's
>> List works for positions that can be filled with local talent, but for
>> national coverage in a specialized field, I'm not so sure.
>>
>> What have you folks been using?
>>
>> Ron Castro
>> Chief Technical Officer
>> Results Radio, LLC
>> N6IE
>> www.N6IE.com
>>
>>
>>
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