Users Guide to the Principles for Professional Conduct
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Principles for Career Services Professionals
5. Establishing guidelines for access to services by employers
"Career services professionals will establish reasonable and fair guidelines for access to services by employers. When guidelines permit access to organizations recruiting on behalf of an employer and to international employers, the following principles will apply: (See Employer Principle 9)
- Organizations providing recruiting services for a fee will be required to inform career services of the specific employer they represent and the specific jobs for which they are recruiting, and will permit verification of the information. Third-party recruiters that charge fees to students will not be permitted access to career services;
- Employers recruiting for work outside of the United States are expected to adhere to the equal employment opportunity (EEO) policy of the career services office. They will advise the career services office and the students of the realities of working in that country and of any cultural and foreign law differences."
Intent / Rationale / Scenario / Resolution / Resources
This principle upholds the three basic precepts of the Principles
document, namely
1) to maintain an open and free selection of employment opportunities
in an atmosphere conducive to objective thought;
2) to maintain a recruitment process that is fair and equitable
to candidates and employing organizations; and
3) to support informed and responsible decision making by candidates.
This principle is driven primarily by the need to balance the right of students to gain access to the broadest range of opportunities possible with the obligation to ensure that employers with special methods or needs respect appropriate recruiting practice.
Section (a), expanded upon in the third-party segment of the Principles document, sets forth the fundamental understanding/expectation that a career services office make it clear to third-party recruiters that it has, on behalf of its students, an obligation to request information that will verify that the positions and organizations being recruited for are legitimate and appropriate for the school. The concern about fees emanates from concern that some students may be precluded from exploring certain career opportunities due to inadequate financial resources.
Part (b) acknowledges that cultural and legal expectations in other countries may impose certain restrictions or expectations on employers seeking to fill overseas positions that would be considered discriminatory or objectionable in the United States. In adhering to this principle the career services office is expected to look out for the well-being of students by reinforcing the expectation that employers honor job discrimination protections. Simultaneously, the career services office expects to ensure that students understand the culture-based circumstances that may influence recruitment practice and subsequent working conditions. In short, this goes back to the importance of establishing conditions through which students can make informed decisions about their career and employment options.
An alumna complains that a third-party recruiter who interviewed in your office refuses to consider her application for employment in Saudi Arabia.
As a general rule, a career services office has an obligation to make a good faith attempt to ensure that the third-party recruiters—as well as employers—recruiting on campus are in compliance with the law. This means that if a career service office is advised of a questionable practice, a professional from the office should discuss the practice with the recruiter. During the discussion, the career service staff member could remind the recruiter of the school’s policy and commitment to legal and ethical practices. If the questionable practice continues then the school could consider actions it deems appropriate regarding the employer or the recruiters.
However in the scenario above, the career services office is faced with a dilemma of a conflict between U.S. law, international law, and culture. Moreover, this conflict is resolved in different ways depending upon whether it is a U.S.-incorporated company with operations outside of the U.S., or a foreign-based company hiring for its operations outside of the U.S., or whether there is a treaty that supersedes both.
The scenario is intentionally unclear on this; because in most cases the career services office will not have sufficient information to know which laws are applicable. Nor are career service professionals expected advise employers or students on the intricacy of what happens when foreign law and U.S. law conflict.
Rather, this principle provides an "out" for an employer who is recruiting and hiring for positions outside of the U.S. Writing the principle in this manner balances the employer’s continued obligations under EEO law with the reality that in many foreign countries, culture, tradition, and law may make absolute compliance impossible.
Thus, from an ethical perspective, career services is expected to have the employer explain the realities of working in a certain country to students and the cultural and legal differences that may impact his/her hiring decision. Career services can make the determination as to whether compliance with its internal EEO policy would be necessary based upon discussion with the employer on the reasons for the particular practice.
In the particular scenario, if the career services professional has contact with a certain third-party recruiter before interviewing takes place on campus, he or she would advise the recruiter to discuss these issues with all candidates. If the recruiter does not, then career services determines what action to take. If the career services office does not advise the recruiter before the interview takes place, career services should contact the recruiter and ask the recruiter to explain the situation to the alumna who is complaining. Career services should not take responsibility for an employer’s actions, in this or any other case. Rather, they should encourage communication between the employer and student.
One note for those of you who are interested in the legal niceties, a U.S.-based employer must comply with EEO law in its operations outside of the U.S. unless to do so would cause that employer to violate a foreign law. Foreign-based employers are generally not required to comply with EEO law when hiring for operations outside of the U.S.
Kaplan, Rochelle. "Guess Who’s Coming to Campus: A Guide to Third-Party Recruiters." Journal of Career Planning & Employment. Winter 1999.
Kaplan, Rochelle. "Legal Implications of Third-Party Recruiters." Spotlight. March 2, 1998.
Kaplan, Rochelle. "When in Rome: Hiring in the International Arena." Journal of Career Planning and Employment. Spring 1994.
NACE Principles for Professional Conduct Committee. "A Student's Guide to Interviewing With Third-Party Recruiters."
NACE. "International Student Enrollment Increases While More U.S. Students Go Abroad" Spotlight. February 1, 1999
Wood, Jeffrey B. "Student Dreams and the Real International Job Market." Journal of Career Planning and Employment. Fall 1992.
Principle 6. Compliance with EEO and AA principles
