- What are the “principles of selection” set forth in the EEOC Uniform Guidelines?
- Can there be discriminatory impact without discriminatory intent?
- What selection criteria is mandated by the ADA?
- What are the components of a good candidate evaluation?
- What does the law require in documenting selection decisions?
- What record keeping information is mandated by the EEOC Uniform Guidelines?
Prohibited Employment and Pre-Employment Discrimination
- Job Advertisements
- Application & Hiring
- Background Checks
- Job Referrals
- Job Assignments & Promotions
- Pay And Benefits
- Discipline & Discharge
- Employment References
- Reasonable Accommodation & Disability
- Reasonable Accommodation & Religion
- Training & Apprenticeship Programs
- Terms & Conditions Of Employment
- Pre-Employment Inquiries
- Dress Code
- Constructive Discharge/Forced To Resign
Once job applicants have been interviewed and tested, another challenging task lies ahead: accurately comparing and contrasting the strengths, and weaknesses of those candidates who appear qualified for the position and selecting the individual(s) to whom the job will be offered. This task should be accomplished in a way that leads to hiring the best qualified person for the job while avoiding any hint of discrimination in the selection process.
This section addresses the candidate selection process by looking at selection procedures and criteria in light of the Equal Employment Opportunity Commission (EEOC) guidelines and principles regarding selection. Various candidate assessment tools available to assist in the selection process, such as candidate evaluation forms, will be reviewed. Finally, the legal issues concerning candidate disposition, including legitimate reasons for non-selection and the importance of proper documentation and record keeping, will be presented.
The U.S. Equal Employment Opportunity Commission enforces Federal laws prohibiting employment discrimination. These laws protect employees and job applicants against employment discrimination when it involves:
- Unfair treatment because of race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.
- Harassment by managers, co-workers, or others in the workplace, because of race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.
- Denial of a reasonable workplace accommodation that the employee needs because of religious beliefs or disability.
- Retaliation because the employee complained about job discrimination, or assisted with a job discrimination investigation or lawsuit.
Not all employers are covered by the laws EEOC enforces, and not all employees are protected. This can vary depending on the type of employer, the number of employees it has, and the type of discrimination alleged.
The laws enforced by EEOC require employers to keep certain records, regardless of whether a charge has been filed against them. When a charge has been filed, employers have additional recordkeeping obligations. The EEOC also collects workforce data from some employers, regardless of whether a charge has been filed against the company.
Employers are required to post notices describing the Federal laws prohibiting job discrimination based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.
While the information in this section of our website applies to all employers, it has been specifically designed for small businesses which may not have a human resources department or a specialized EEO staff. We realize that the information provided here may not answer all of the sophisticated legal issues that can arise in employment discrimination cases. Employers who have questions about the laws enforced by EEOC or about compliance with those laws in specific workplace situations may contact an EEOC small business liaisons for assistance.
Read more about …
- The Laws Enforced by EEOC
- Types of Discrimination
- Prohibited Practices
- “EEO Is The Law” Poster
- Other Employment Issues
- The Equal Employment Opportunity Commission provides for Uniform Guidelines in employee selection.
- Job-relatedness is the most import selection criteria.
- There can be discriminatory impact without discriminatory intent.
- The Americans with Disabilities Act (ADA) mandates procedures that protect disabled candidates.
- There are specific areas an employer should look at when evaluating a candidate.
- Employers are required by law to document the job related reasons for the selection of candidates and for the rejection of candidates not selected.
- In addition to documenting the disposition of each applicant, employers must keep records and information about selection procedures.