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Yes, using a video or Internet-based system to interview candidates is an alternative to the “face-to-face” interview that can save employers and job candidates time and money.
The same rules for the interview regarding potential discrimination issues would still apply using these alternatives, such as asking all candidates the same, nondiscriminatory questions; providing reasonable accommodation for the interview, as required by the federal Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA); and ensuring the interviewer takes objective, proper notes during the interview.
Furthermore, you must ensure the required postings for applicants (all of which are included in the California Chamber of Commerce all-in-one California and Federal Employment Notices Poster) are visible to the candidate during the interview.
Employers want to be cautious when mandating the use of technology for interviews—if certain candidates are not “tech-savvy” or do not have the appropriate equipment to participate in the video interview, a disparate impact on a particular protected class may result. Therefore, it is recommended that employers limit video interviews to an option for potential job candidates rather than a requirement (unless use of the technology is required of the job for which the interview is being conducted).
In addition, California law prohibits recording of conversations without the consent of all parties present. If employers intend to record the interview (whether on video or online-based, or a face-to-face interview), all parties present must provide consent, either in writing or verbally on tape, the former being preferable.