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Businesses are constantly evolving their hiring practices to meet the demands of the modern workforce. Recently, one innovative approach gaining traction is “quiet hiring.” This method involves conducting the recruitment process discreetly, minimizing public announcements, and maximizing confidentiality. Understanding the legal implications of quiet hiring is crucial for both employers and employees. Below are legal considerations for employers and employees when engaging in the quiet hiring process.
Quiet hiring represents a departure from traditional, often publicized, hiring processes. Instead of broadcasting job openings to the general public, employers adopt a more discreet strategy. This may involve headhunting, reaching out to passive candidates, and leveraging professional networks to identify potential hires without the fanfare of a public job posting. However, employers must be vigilant to ensure that the quiet hiring process does not run afoul with the law.
Firstly, whether quiet or public, recruitment practices must be free from bias based on race, gender, age, or any other protected characteristic. Under section 13 of the BC Human Rights Code, employers are prohibited from discriminating against individuals on the basis of race, color, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity, or age. Specifically, Section 13 of the Code outlines that in the area of employment, it is discriminatory to refuse to employ or to otherwise discriminate against an individual based on these protected grounds. Failure to comply can result in liability for damages and other legal repercussions.
Maintaining confidentiality is paramount in quiet hiring. Employers should consider implementing confidentiality agreements throughout the hiring process to protect sensitive information about the candidate and the company. While the hiring process may be discreet, employers must maintain transparency in decision-making. Keeping clear records and documentation of the hiring process is essential. If a candidate suspects unfair practices or discrimination, they can file a human rights complaint for discrimination under Section 13 of the Code. Read our blog on how to file a human rights complaint here.
Lastly, quiet hiring should not be an avenue for employers to circumvent employment laws. Employers must still comply with wage and hour laws, workplace safety regulations, the new Pay Transparency Act and other legal requirements that govern the employer-employee relationship.
Suspect your company may be engaging in quiet hiring?
Employees who become aware of quiet hiring practices may be concerned about equal opportunity. If you suspect discrimination or unfair exclusion during the hiring process, reach out to one of our experienced employment lawyers at Labour Rights Law. Employment lawyers can guide you through the hiring process to ensure that your rights are protected. This can include negotiating appropriate confidentiality agreements, looking over your new employment contract and negotiating favorable terms and conditions for your employment. Speak to an employment lawyer at Labour Rights Law today.