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ABA Family Legal Guide
Law and the Workplace
The Hiring Process
How do the formal laws against discrimination apply?
Federal antidiscrimination laws prohibit discrimination in employment, including in the hiring process, based on race, color, religion, national origin, sex, age, disability, and union affiliation. Most states have laws duplicating the prohibitions contained in federal law. Moreover, many state laws forbid discrimination based on other types of classifications as well. For example, Wisconsin prohibits discrimination based on arrest and conviction records, sexual orientation, and marital status.
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Side Bar - How Employers Can Hire Without Discrimination It helps to use a standard application form that avoids irrelevant questions. Avoid asking about age, height, weight, marital status, and education or arrest record unless they relate to the job. For example, questions about height and weight may discriminate against women or members of some ethnic groups. Asking about marital status may suggest sex discrimination. Asking about disabilities is against the law. Employers and prospective employees both benefit when job openings are clearly defined. Ideally, employers should prepare a detailed job description for each position, specifying what the work is and what qualifications the employer requires. During the interview, the employer should use a checklist based on the job description to rate applicants in an organized and consistent manner predicated on their respective qualifications for the job. If both sides come to the interview with a clear idea of what the job involves, the interview is more likely to focus on the qualifications essential for doing the job. |
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