ABA Family Legal Guide

Law and the Workplace

The Hiring Process

What are some other examples of neutral job requirements that can cause discrimination?

Refusing to hire single custodial parents may discriminate against women, since women are more likely to have physical custody of their children. Requiring applicants to speak fluent English for a job that does not require communication skills may discriminate against applicants whose nation of origin is not the United States. Height and weight standards can discriminate based on sex and national origin.

Whenever seemingly neutral requirements have a discriminatory effect, the employer must be able to show that the requirements are related to job performance. Thus, requirements for job-related experience and specific job-related skills are usually valid.