[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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