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Employment Blog

EEOC Not Candid about Cameras: Uncertainty About Risks of Video Interviewing Remains

Authored by Dean R. Dietrich
Posted on January 25, 2013
Filed under Employment

A recent letter from the Equal Employment Opportunity Commission refused to give any guidance on whether it would be acceptable for a company to use a video interview to select candidates for hire. The EEOC refers to a number of articles and advice given by the Agency on its webpage, but refuses to provide guidance on whether it would be acceptable to require all candidates for hire to be subject to a video interview.

Employers are trying every method they can think of to find the best individual to hire. The hiring decision is critical to the company and especially for those companies in the service industry. Obviously, there is concern that a video interview will result in an employer gaining more information about an individual and perhaps using that information to discriminate against an applicant. I do not see any difference between a video interview or a face-time interview. Employers should be allowed to make some judgments about suitability for employment based on direct contact with an applicant by in-person or video interviews.

The EEOC enjoys investigating and bringing charges against employers, but now is refusing to give any advice to help an employer comply with federal law. I think we will be experiencing a high level of investigations and claims from federal agencies over the next several years.