As temperatures drop and we start pulling out our favorite sweaters, we’re reminded that the year is drawing to a close. It’s time to take a retrospective look at what hiring practices have been successful — and what we can improve on in 2020.
So grab your cup of cocoa, cozy up, and let’s dive into the past year’s hiring trends — and consider the new opportunities and expectations that 2020 may present.
Employment Challenges That Are Here to Stay
With unemployment so low — and projected to stay that way — it’s going to continue being difficult to attract the best talent. To overcome this challenge, it’s important to focus on creating a great candidate experience. If you’re looking for an ATS that was designed with this in mind, consider scheduling a free demo with balanceTRAK today.
Another trend we’ve seen is rampant expansion in HR technology; and we expect to see this trend accelerate into 2020 and beyond. The use of AI-driven hiring technology is predicted to increase in the coming year. While AI has great potential to eliminate implicit bias, concerns surrounding unintentionally programming bias into those programs remain.
The EEOC suggests vigilance when programming and implementing AI-based hiring technology, as well as rigorous, validated testing. The number of remote and virtual hiring practices increased over the past year and is also predicted to rise in 2020.
One Trend That Needs to Go
A trend that we hope to see diminish in 2020 is the failure to accommodate candidates with disabilities. The EEOC has filed a number of cases on behalf of candidates who felt they did not receive the accommodations they needed. To mitigate this, it’s important to remember that accommodations must begin the moment they are requested by the candidate, not post-hire.
Common requests include having an interpreter aid in the interview process, getting additional time on tests or assessments, and internet-based applications optimized for those with visual impairments. It is a violation of the ADA not to provide reasonable accommodations to qualified applicants during the hiring process, unless the employer can show that providing the accommodation would pose an undue hardship.
An applicant who was denied reasonable accommodation could file a charge of discrimination with the EEOC and eventually a lawsuit against the company. If a court were to find that an employer failed to provide reasonable accommodation in accordance with the ADA, the employer could be required to pay monetary damages and other make-whole relief to the applicant.
Regulations Changes That Are Coming
Over the last few years, regulations were proposed that would modernize the recruitment requirements for employers seeking workers under H-2B visa rules. As such, employers who rely on H-2B workers should be vigilant. A cap might be put in place that could affect your hiring practices.
When it comes to state-level regulations, multi-state employers must be cautious. Individual states have introduced regulations regarding pay structure and transparency, but they all differ from one another. To maintain compliance across state borders, multi-state companies have to exercise caution when managing payroll.
Some states — California, for example — have issued regulations regarding the diversity makeup of a company’s board of directors. There is a push to include more women’s voices and viewpoints. While this doesn’t directly affect standard hiring practices, it does reflect the need for organizational diversity.
Finally, as we look ahead at 2020, many states are introducing legislation that governs what an employer can ask regarding a candidate’s criminal convictions. Although these vary widely by state, the EEOC suggests asking about convictions late in the hiring process, once the employer has “met” the candidate in person to alleviate risks of discrimination.
As always, Berkshire and balanceTRAK will work daily to keep you informed about upcoming regulations changes. If you haven’t yet subscribed to our blog, make sure you’re on the list here!