Note: An employer may discriminate on certain grounds if there is a “bona fide occupational qualification” (BFOQ) – if the characteristic in question is a valid and necessary requirement of the job. Discrimination is the biggest problem when it comes to legal issues related to hiring and hiring. The most important prerequisite is equal opportunities for each candidate to get the job at some point. Anyone involved in the hiring process should be aware of the legal issues outlined above. In addition to the legal consequences, a company`s reputation suffers when cases of discrimination come to light. Merit should be the only basis for recruitment and should be anchored in your company`s recruitment process. Although your application must be tailored to your company and available position, you should not seek information that identifies or favors applicants of certain protected categories such as race, color, sex, age, sexual orientation, national origin, disability, or religion, or you may be violating Title VII of the Civil Rights Act of 1964 (or other laws). For example, the application should not ask applicants to indicate their age, or even when they graduated from university. Instead, applicants should be asked in the application how many years of university they have completed and what degree (if any) they have obtained. It is illegal for an employer to make decisions about assignments and promotions based on an employee`s race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 years or older), disability, or genetic information. For example, an employer cannot give preference to workers of a particular race in shiftwork and cannot separate workers of a particular national origin from other workers or clients. Prohibits discrimination on the basis of sex in the payment of wages or benefits when men and women perform work that requires similar skills, effort and responsibilities for the same employer under similar working conditions. At all stages of the recruitment process (job offers, interviews, reference review and submission), keep in mind the prohibited reasons and ensure that all questions are asked in such a way that all candidates have a fair chance to respond based on your professional needs.
This minimizes the risk and likelihood that you will be accused of discriminatory hiring practices. Good recruitment is also a good ethical and business practice that promotes your positive reputation and makes it easier for you to recruit. Remember that every interview you conduct is like an advertising opportunity. Every candidate should leave and wish for the opportunity to work for you. To protect themselves from liability, employers should regularly review applications, review them for potentially illegal or inappropriate matters, and update and maintain job descriptions. Since laws and regulations that affect hiring practices often change at the federal, state, and local levels, employers should conduct such reviews with a lawyer familiar with labor law issues. Once you`ve decided who you want to hire, you`ll need to determine how the new employee (employee or contract worker) should be classified, as each classification comes with unique legal responsibilities. After gathering a stack of resumes or applications for your company`s vacancy and reviewing the candidates, the next step is to invite the selected candidates for interviews.
You should use the interview process to learn more about the candidate and determine if he or she is a “good candidate” for the position and your company. Adhering to the 80/20 rule is a good goal for interviews: the candidate should speak 80% of the time and you should only speak 20% of the time. Again, be careful not to ask questions that suggest that you are considering (or giving the appearance you have envisioned) a candidate`s race, color, sex, age, sexual orientation, national origin, disability, or religion, as you could be on the wrong side of the prosecution. in which violations of federal and/or state anti-discrimination laws such as Title VII of the Civil Rights Act (or other laws) are alleged. For example, to avoid the appearance of discrimination, you should not throw away a resume simply because you disagree with the applicant`s religious affiliation or because it indicates that they have a disability. Similarly, during an interview, you should not ask questions intended to reveal the candidate`s age, religion or sexual orientation. If you have concerns about how the selection process will work, you should seek legal advice. It is also illegal to harass someone for complaining of discrimination, filing a discrimination lawsuit, or participating in a workplace discrimination investigation or prosecution.
Harassment can take the form of insults, graffiti, abusive or derogatory comments, or other verbal or physical behaviour.