In my previous article, “A study of ethics: General Conduct”, I discussed the definition of ethics and how you, as a manager, must conduct yourself to maintain a high level of integrity. In this article I am going to discuss an area of ethical conduct that is getting businesses in a great deal of trouble. This is the application of ethics to the hiring process. Ethics in this process is not to be mistaken for following the various laws discussed in my article on Employment Law. Remember, ethics is “a system of moral values”, not legal ones.
Traditionally, the hiring process has been a process of question and answer where the company representative is asking the questions and the candidate is providing the answers. It is generally accepted that the candidate is going to only show the company their best qualities and will attempt to hide the undesirable ones. In return, the interviewer is only going to show the candidate the companies’ most desirable traits in an attempt to convince the applicant to become part of the team. Honesty is often suborned for the agendas of each party. Unfortunately, this is still the way the hiring process is done at many companies.
The resume is scrutinized for false or misleading information, and if this is found then the candidate is not invited to join the company. If the information that a candidate provided is found to be untrue after the candidate is hired, the company may choose to sever the relationship with this employee based on the false information. What many companies miss is that they too are liable for the information that they provide, or fail to provide, the candidate during the interview and compensation negotiation meetings.
As the interviewing manager, you have the responsibility to ethically represent your company and its interests to potential candidates. The consequences for not interviewing ethically can be devastating, and can include lawsuits that could cost your company millions.
A good example of this is the case of Phil McConkey, a former New York Giants’ wide receiver who was awarded more than $10 million by a New Jersey jury. His former employer had not told him that they were in the process of being taken over by another firm. This takeover resulted in Phil loosing his job just one year after he started with the firm when the takeover was complete. He contended that he would not have taken the position with the firm if he had known that this takeover was being discussed. (Wall Street Journal, 7/9/93)
So what should you be telling your potential candidates, and how honest should you be? The answer can be very complex. Remember that trade secrets need to be kept confidential, but you must not withhold information that the candidate needs to determine whether the position is right for them. The best way to answer this question is to consult with your manager. Based on my previous articles about how to conduct your interview, you should be able to anticipate the kind of questions that you will be asked, as well as the information you should be ready to disclose to the candidate to entice them to join your company.
During this consultation session with upper management you might be told to tell the candidate something that is misleading or incorrect. Something you need to think about is how you will handle being told to lie to a candidate by your manager. As ugly a subject this is, it might happen to you, and you need to be prepared to deal with it. Knowledge is power, and you are the one responsible for ensuring that the information you are giving to a potential candidate is correct and complete. If you think you are being asked to lie to a candidate, be open and honest with the manager that gave you the questionable instructions. You might have misunderstood the instruction, and a thorough discussion will help you determine the intentions.
If you are still questioning the instruction, consult with your human resources manager about the instruction. A good human resource manager will be able to gently guide you into an understanding of what is right and how to avoid future litigation against either your company or yourself. Remember that it is your integrity that is at stake, and you need to be thoroughly comfortable with your instructions if you are going to have a positive impact on the hiring process.
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