Video Resumes Raise New Legal Concerns

Video resumes are becoming more popular, especially among younger workers. In some cases a video resume is used in place of a paper version, while in others it is supplemental. A recent survey conducted by Vault Inc., a company providing online career information, found that a majority of employers would view video resumes as part of its hiring decision. Specifically, they stated a video would provide a better sense of the candidate’s experience, and permit them to gauge a person’s speaking ability, leadership, poise, eye contact, and charisma.

While providing these benefits, employers must also be conscious of the legal ramifications surrounding video resumes. Traditionally, employers review paper resumes or applications, decide who is minimally qualified, and invite those who are for interviews. Videos permit an employer to know an applicant’s race, color, gender and visible disabilities prior to, or simultaneous with, evaluating their skills and experience. This can lead to claims of discrimination where a candidate shows they did not advance to the interview stage when others of similar qualifications did. Further, companies favoring video resumes may run afoul of the law if their procedures screen out less affluent candidates of color who may not be able to afford the cost of developing a video resume.

While the EEOC has stated that video resumes are not unlawful per se, it has reminded employers that any employment practice that screens out a disproportionate number of candidates of color could trigger a disparate impact claim.

Even with these risks, advances in technology and increasing numbers of younger applicants suggest that video resumes will increase over time. As long as employers take appropriate steps to ensure their procedures do not adversely screen out any group of candidates the benefits from videos may outweigh the elevated risks of using them.