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Federal

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Author: Christopher Dalton, Buchanan Ingersoll & Rooney PC

Summary

  • Preventing unlawful employment discrimination starts at the very beginning of the employment process. See The Application Process.
  • Antidiscrimination laws do not require an employer to favor a member of a protected group over someone who is not a member of the protected group. They only seek to ensure that all qualified applicants are given the opportunity to compete fairly for the position. See Use the Same Measuring Stick.
  • Employers must avoid asking questions on applications or during interviews that violate antidiscrimination laws. See Permissible vs. Impermissible Job Application Questions; Appropriate vs. Inappropriate Interview Questions.
  • Employers also must make available, on request, reasonable accommodations to allow individuals with disabilities to compete for open positions. See ADA Compliance.
  • Employers should tailor application and interview questions to address each candidate's ability to fulfill the job duties and responsibilities.
  • Before seeking to fill a position, employers should know the duties and responsibilities of that position. They also should measure all applicants against the same set of criteria for the position. See Use the Same Measuring Stick.
  • With the use of online job applications very much on the rise, there are a host of new employment issues for HR to take into account. See Online/Internet Applications.
  • Employers should adopt record retention policies governing employment applications received in order to protect against claims of unlawful discrimination. See Retaining Job Applications.
  • Employers must be unbiased in the candidate selection process. See Selecting Candidates.
  • Employers also must be aware of unintended discrimination, which may have the effect of deterring protected candidates from applying or eliminating such candidates from the selection process. See Word-of-Mouth, Walk-In and Homogenous Recruitment Sources.
  • Employers must ensure that their own hiring policies - such as anti-nepotism rules - are followed and enforced. See Anti-Nepotism Rules and Other Employer Policies.

State Requirements

The following states have additional requirements for this topic under applicable state law.