Discrimination Free Hiring Process
Background checks are an important aspect of the employment process; equally important is the requirement of a discrimination free hiring process. In our past blog, we had discussed how the EEOC has set new guidelines to avoid discrimination during background checks. However, that is not the only law that should be looked at while building the best practices for hiring. In this blog we are going to cover a few other laws related to this topic.
Laws on Workplace Discrimination
- The Equal Employment Opportunity Commission (EEOC) was established by Title VII of the Civil Rights Act of 1964. It enforces the following laws:
- Title VII of the Civil Rights Act of 1964: This law makes it illegal to discriminate against employees on the basis of race, color, religion, nationality, or gender. It also requires that employers should accommodate sincerely held religious practices, unless they impose obstacles in the operation of the business.
- Equal Pay Act of 1963: This law states that it is illegal to pay different wages to men and women who perform equal work in the same workplace.
- Age Discrimination in Employment Act of 1967 (ADEA): This law protects people who are 40 or older from discrimination because of their age.
- Americans with Disabilities Act of 1990 (ADA): This law makes it illegal to discriminate against a qualified person, who is disabled; it applies to jobs in the private sector, state, and local governments. The law also states that employers should accommodate the physical or mental limitations of an employee with disabilities, unless they impose obstacles in the operation of the business.
- Sections 501 and 505 of the Rehabilitation Act of 1973: This law makes it illegal to discriminate against a qualified person with a disability in the federal government. The law also states that employers should accommodate the physical or mental limitations of an employee with disabilities, unless they impose obstacles in the operation of the business.
- The Genetic Information Nondiscrimination Act of 2008 (GINA): This law makes it illegal to discriminate against employees or applicants because of their genetic information like, genetic tests of an employee’s and their family members, and the employee’s family medical history.
Please note that in all these cases, The law states that employers should not retaliate against a person who has complained about discrimination, filed a charge, or participated in any related investigation or lawsuit. Besides avoiding a lawsuit, it is imperative to have a diverse workforce hiring policy to suit the changing demographics and tap the talent. As CEO of Procter and Gamble, John Pepper sums it, “The success of this company is a direct result of our diverse and talented workforce. Our ability to develop new consumer insights and ideas and to execute in a superior way across the work is the best possible testimony to the power of diversity any organization could ever have.”