ABA Family Legal Guide

Law and the Workplace

The Hiring Process

Can employers set basic job requirements and work standards?

Yes, as long as they do not discriminate based on a protected classification. Qualifications listed for a job should be necessary for the performance of the job. Even neutral job requirements can cause discrimination. For example, requiring a college degree for a job on a factory assembly line could disproportionately screen out minority applicants vis-à-vis white applicants, since disproportionately fewer minority students attend college. The minority applicants would be screened out based not on their ability to do the job but based on a factor (college education) unrelated to being a good