Disclosure of Employer Recruitment Activities and Practices
- We expect employers to work through and/or include Career Services for their recruiting and campus engagement activities to ensure an exceptional experience and to make sure all guidelines are being followed.
- We expect employers to interact with Embry-Riddle Aeronautical University students and graduates in a professional manner throughout the recruiting process (whether on campus or off) and beyond. Harassment of any kind is unacceptable and will not be tolerated.
- We expect recruiters to be transparent with Career Services about their recruiting activities and the information provided to students. “Bait and Switch” tactics and embellishing opportunities or compensation, for any reason, is not permitted.
- We ask that employers do not drop-in unannounced to classrooms in order to promote their opportunities or pass around sign-up sheets to capture student contact information. Best practice dictates that unless you or your staff have a personal connection to the faculty member, you should not cold call/email university faculty or staff.
Undue Pressure by Employer
- Recruiting Students – Employers must refrain from putting undue pressure on students to attend recruitment events or to apply for opportunities with the organization. Whereas assertive recruitment is appropriate, aggressive recruitment is not (unsolicited or excessive phone calls, unsolicited emails to students, etc.).
- Pressure To Accept an Offer – Exploding offers (offers that do not afford a candidate the appropriate time to either accept or decline) are unacceptable. For example, an offer with a 48-hour window or less would be an exploding offer. Employers are to refrain from exerting any undue pressure on candidates to accept a job offer. Applying pressure to a student to accept a job offer at the conclusion of a summer internship prior to commencement of the fall recruiting season (November 30) would also be considered an example of an exploding offer.
- Employers should not try to persuade students to renege on employment offers from other companies under any circumstances. This would be in direct breach of the recruiter code of conduct and ethics.
Student Direct Referrals
Career Services staff supports and maintains fair and equitable recruiting practices and is therefore precluded from making direct student referrals or recommendations as outlined in the NACE Principles for Professional Practice.
Financial Investment by Student
Employers are prohibited from charging fees to students during the job search process or during employment. Career Services will not post positions where the student is required to purchase or rent any type of sales kit or presentation supplies.
Unapproved Campus Marketing
All forms of marketing on campus must receive prior approval from Career Services.
Alcohol Connected to On-Campus Recruiting
The serving of alcoholic beverages at or during a recruiting or corporate event is strongly discouraged since students attending may be under 21 years of age. “Serving alcohol should not be a part of the recruitment process on or off campus. This includes receptions, dinners, company tours, etc.” as stated in the NACE Principles for Professional Practice.
Employers should review the Primary Beneficiary Test for Unpaid Interns and Students (updated January 5, 2018) to determine if an unpaid intern is actually acting as an employee under the Fair Labor Standards Act.
We ask that employers convey final hiring decisions to candidates within a reasonable time frame and communicate that time frame to candidates during the interview process. As a general rule, employers should give students a minimum of two weeks from the date the offer is made to make their decision.
We ask that employers making full-time offers to interns at the conclusion of their internship give students until at least until mid-November so that these students are able to participate in on-campus recruiting during the fall semester. This will allow students to make informed career decisions and will support their acceptance of offers and commitment to employers.
Employers should in no way try to persuade students to renege on employment offers from other companies under any circumstances. This practice would be in direct breach of our recruiter code of conduct and ethics and may result in restricting access to our career services and students.
If conditions change and require your company to rescind an offer made to a student, we ask that you call Career Services prior to taking any action. If the decision to rescind an offer remains after discussions with Career Services staff, we ask that you pursue a course of action for the affected candidate that is fair and equitable. This may potentially include, but is not limited to, financial assistance and outplacement services depending upon the situation.
If your organization has a required contract that must be signed in order to be employed with your organization, the student must be allowed to take the contract with them in order to review and seek any needed counsel or advice before signing. They must also be afforded a reasonable amount of time (general rule is a minimum of two weeks) to consider the opportunity before making a decision. Career Services also reserves the right to request to review any contracts being used during on-campus recruiting.
Breaches of Conduct by Employers
An employer’s unfair treatment of students has the potential to result in any/all of the following actions by the Office of Career Services:
- Restricting employer access to Career Services and students in all channels to include Handshake, programs and events.
- Placing the name of the employer in our internal database to denote unfair practices.
We encourage students to immediately release offers they do not plan to accept. Furthermore, any student reneging on an accepted offer is considered in serious breach of our recruiting policies and a poor reflection on Embry-Riddle Aeronautical University. If this situation occurs, please contact Career Services prior to taking any direct action with the student. The matter will receive immediate attention from our staff.
Department of Justice Information
The Immigration and Nationality Act prohibits citizenship status and national origin discrimination with respect to hiring, termination, and recruiting or referring for a fee. 8 U.S.C. 1324b(a)(1)(B).
Employers may not treat individuals differently because they are, or are not, U.S. citizens or work authorized individuals. U.S. citizens, asylees, refugees, recent permanent residents and temporary residents are protected from citizenship status discrimination. Employers may not reject valid employment eligibility documents or require more or different documents on the basis of a person’s national origin or citizenship status.
Guidelines for Employers and Recruiters
- Do treat equally U.S. citizens, lawful permanent residents, temporary residents, asylees and refugees in recruitment or hiring.
- Do embrace equal employment practices, including refraining from discriminating on the basis of national origin or immigration and citizenship status
- Do avoid making the assumption that only U.S. citizens are authorized to work in the United States
- Do avoid the following language in job postings:
- “Only U.S. Citizens”
- “Citizenship requirement” (unless U.S. citizenship is required by law, regulation, executive order or government contract)
- “Only U.S. Citizens or Green Card Holders”
- “H-1Bs Only”
- “Must have a U.S. Passport”
- “Must have a green card”
- Do allow all employees (including non-U.S. citizens) to provide any permissible documents to establish their identity or work authorization during the employment verification process.
- Do recognize that refugees and those newly granted asylum who have not yet received a Social Security number may not be fully able to complete on-line applications even though they are authorized to work in the U.S. indefinitely, and avoid creating unnecessary hurdles for such individuals.
The Embry-Riddle Aeronautical University Career Services Office strongly recommends that employers posting positions through Handshake and recruiting on campus follow these guidelines to remain in compliance with the law. This means that only those employers who are required by law, regulation, executive order or government contract should indicate in a job posting that only U.S. citizenship is required.
According to the National Association of Colleges and Employers, the Department of Labor has sanctioned the following acceptable questions which an employer can ask a student to determine authorization to work:
- Are you legally authorized to work in the United States for any employer?
- Will you now or in the near future require visa sponsorship?
The DOJ also indicates that employers may clearly state in a job posting that they do not sponsor work visas, if applicable.
For further information on immigration-related employment discrimination, contact the Department of Justice Division of Civil Rights Office of Special Counsel at 800-255-8155 (Employer Hotline) or at 202-616-5594 (main line).
Please note: As of July 2015 the Second Circuit U.S. Court of Appeals (CT, NY, VT) and as of September 2015 the Eleventh Circuit Court (FL, GA, AL) made decisions rejecting United States DOL’s views as being inappropriate to an assessment of the “modern internship.” In the context of unpaid internships, the following set of considerations was initiated. Applying these considerations requires weighing and balancing all of the circumstances. No one factor is dispositive and every factor need not point in the same direction for the court to conclude that the intern is not an employee entitled to the minimum wage. In addition, the factors specified are non-exhaustive—courts may consider relevant evidence beyond the specified factors in appropriate cases.
More information can be found on the Department of Justice, Civil Rights Division website.