Distributed Hiring: 5 Tips to Keep You Compliant

February 19, 2021

Whether your company is conducting distributed hiring to comply with pandemic-related restrictions or moving to a distributed model, these 5 tips should keep you compliant: 

1. Set expectations with your HR team.

Whether the interviews are held online or in-person, interviewers should understand that they represent the company. When scheduling any remote interview, interviewers should carefully outline the process, including clarifying whether it will be voice only or a video call. Interviewers should check their surroundings and their technology in advance of the meeting (not in the minutes leading up to it).

Interviewers should also understand that they must abide by company policies, even in a remote setting. You should train interviewers on appropriate interviewing tactics and questions and ensure they stick to either a script or a very well-defined framework.

2. Consider having your candidates sign an NDA.

It is common for employers to ask candidates to sign an NDA in advance of an interview. This practice ensures important information about company operations and trade secrets remains confidential post-interview. If you would usually rely on an NDA for in-person interviews or if you envision discussing confidential information, have your candidates sign an NDA before the remote interview.

 3. Check the law before you record an interview.

Federal law is based on one party consent. This means only one person present needs to consent to a recording for it to be lawful. But there are different laws for recording in every state. In California, for instance, you need the candidate’s consent to record the interview. You should be certain about your legal obligations before recording an interview.

Additionally, these recordings may trigger privacy obligations relating to personal data – depending on where your business is registered and where the candidate resides. You should consult a privacy expert to be certain about your obligations in advance of recording interviews.

 4. Preclude candidates from recording the interviews.

You should have candidates sign an agreement in advance of the interview which prohibits them from recording and/or sharing the interview. These agreements protect your recruiting strategy, while shielding your company’s hiring process from public scrutiny.

 5. Above all, treat candidates kindly, fairly, and with respect.

Treating candidates fairly and with respect is good business practice, as well as a way to maintain compliance. The best way to achieve this is to provide interview training to your workforce.

If you need assistance navigating distributed hiring compliance, get in touch. We’re here to help!


The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this website or any of the e-mail links contained within the site do not create an attorney-client relationship between CGL and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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