ABA Family Legal Guide

Law and the Workplace

The Hiring Process

Do public employers face additional restrictions on hiring?

Yes. The U.S. Constitution and civil service laws come into play. Because of the constitutional guarantee of freedom of association, government employers cannot discriminate in hiring based on political affiliation (unless party affiliation is a necessary requirement for effective performance of the job, as would be the case, for example, with a governor's speechwriter). Civil service laws generally provide that hiring decisions should be based on the "merit" of the applicant, which is usually determined by administering competitive examinations.