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The Legal Environment and the Hiring Process

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The Legal Environment & The Hiring Process
La Toya Wright
ENM 356
March 1, 2014
Dr. J. F. Ford

From a human resources perspective, the hiring process is very important. There are so many factors to be taken into account when deciding how to hire someone for an opening in a company. Recruiting is a necessary party of any company's expansion efforts. But, there are a number of legal considerations in the recruiting process. Job postings, interview questions, checking references, and making hiring decisions / job offers all need to be done in a manner that decreases risk to the business. In fact, it is possible to ask unlawful or even discriminatory questions without realizing it. For example, employers are forbidden from discriminating on the basis of race, ethnicity, religion, marital or family status, physical or mental disability, gender, age, and possibly sexual orientation.
The main thrust of all employment discrimination laws is to make it illegal for employers to treat employees or applicants adversely on the basis of something about themselves that they cannot change, or should not be expected to change. Such factors are called "immutable characteristics". For example, one cannot change one's race or color, gender, age, or national origin, cannot readily change one's disability status, and should not be expected to change one's religion, as a condition of getting or keeping a job. There are quite a few laws set in place to protect people in the hiring process: Equal Pay Act of 1963, Age Discrimination and Employment Act of 1967, Americans with Disabilities Act of 1990, Civil Rights of 1964, Title VII of the Civil Rights Act of 1964, Amendment of Civil Rights Actin 1991, US Bankruptcy Code, Section 525, Immigration Reform and Control Act of 1986, Genetic Information Act of 2009, and Pregnancy Discrimination Act of 1978.
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