Fair Hiring Practices and Job Discrimination Laws for Employers

As an employer, it is important to understand what practices are fair in hiring employees under federal law.  Federal law dictates equal opportunity for employees.

The federal laws prohibiting job discrimination include:

• Title VII of the Civil rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, or national origin.
• The Equal Pay act of 1963 protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination.
• The Age Discrimination in Employment Act of 1967 protects individuals 40 or older.
• Title I and V of the Americans with Disabilities Act of 1990 prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments.
•  Sections 501 and 505 of the Rehabilitation Act of 1973 prohibits discrimination against qualified individuals with disabilities who work in the federal government.
• Title II of the Genetic Information Nondiscrimination Act of 2008 prohibits employment discrimination based on genetic information about an applicant, employee, or former employee.
• The Civil Rights Act of 1991 provides monetary damages in cases of intentional employment discrimination.

You can find more information on job discrimination laws at the U.S. Equal Opportunity Commission website.

These federal laws not only apply to the hiring process, but termination and harassment in the workplace.  They also encompass any classification of employees, advertisements, recruiting, or testing.  As an employer, you should understand what kind of practices are considered discriminatory under federal law and educate your employees in management positions on how to avoid and prevent job discrimination before it happens.  Outlining your company policies in an Employee Handbook is a smart way to communicate these guidelines to your employees.

Laws on this topic may vary from state to state. This content is not meant to provide you with complete information and it is not intended to be legal or tax advice. It is recommended that you consult with your own attorney, accountant or other advisor regarding your specific situation.