Employment: The EEOC Takes a Position on Video Résumés


Two things seem to remain constant. Technology keeps changing the way we do business, and the EEOC keeps forming opinions about those changes. Here is another example. The EEOC has issued an informal letter opinion on the use of video résumés, which you can read here.

The EEOC admits that assessing applicants through video technology is not per se illegal. However, it cautions that you cannot do through video what you could not do through old-school written applications and in-person interviews. In other words, you can't prompt an applicant to address, via video, any disabilities she might have or whether she plans to have children.

The upside seems obvious. The employer can probably screen many more applicants via video than live. However, as the EEOC points out, the video screening does not allow for appropriate follow-up questions that might better assist you in determining a person's qualifications. You might get caught making the dreaded "assumption" about a person's qualifications from seeing that person, without affording him the opportunity to explain how he can do the job.

Bottom line. The EEOC does not prohibit it. If you are going to use video résumés, be sure you do not make any assumptions about a person's qualifications. Remember the old adage, you can't judge a book by its cover.

By Kristen L. Brightmire, kbrightmire@dsda.com

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Justin B. Munn

Justin B. Munn

Justin represents clients throughout Oklahoma in family law, civil litigation, guardianships, adoptions, estate planning, trust and probate matters. 

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