Do retained recruiting firms need to follow the same legal boundaries when recruiting/interviewing candidates as companies working directly with candidates do?
If yes, does the recruiting firm that breaks the law put the client firm in jeopardy, too?
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Thank you for your questions. First I am not a lawyer. Laws vary from state to state in the US and country to country so I won't be able to tell you if it is legal or now.
I can however suggest the following; do your due diligence on your recruiting firm before using them. They should follow all laws that pertain to hiring. Remember in some ways, they are making the first impression of your company on a candidate.
If they are deceitful and shady, with the candidate, what is a candidate going to think about a company that hires such a firm to recruit for them? In short if they do not follow the law, it is best to not work with them.
Granted there are times when you can be deceived. My suggestion is to protect yourself in the contract with some kind of indemnity clause.
I am not a lawyer but best practices suggests that if you know they are doing something illegal, and you do nothing to stop it, you are implicitly endorsing it.
Hope that helps.