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Washington Journal of Law, Technology & Arts

Abstract

After several years of discussion, the Equal Employment Opportunity Commission, along with several other federal agencies, has proposed a new definition of “Internet job applicant” to help employers understand how to treat such applicants. The explosion over the past decade of Internet recruiting prompted the need for clarification of how employers must treat applicants for purposes of federal antidiscrimination law and recordkeeping requirements. The new guidelines suggest that employers engaged in Internet recruiting should review their hiring policies to ensure that their treatment of Internet job applicants complies with the proposed guidelines. This Article suggests that employers avoid violating federal guidelines by drafting a clear Internet hiring policy, developing specific job descriptions, carefully crafting any pre-screening questions to avoid unintended discrimination, and continuing to permit applicants to submit paper applications.

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