Hiring and Keeping the Best People

APPENDIX C

Legal Landmines in Hiring

Note: This appendix applies to U.S. hiring situations only.

Employment in the United States is governed by many laws on hiring, firing, discrimination, sexual harassment, benefits and pension, and union activities, to name just a few. Hiring discrimination laws protect job applicants from questions that are not directly related to the applicant’s ability to do the job.

The relevant laws applying to hiring are:

• The Civil Rights Act of 1964, which forbids the use of arbitrary and artificial requirements that would create de facto barriers to employment because of a person’s race, gender, national origin, ethnicity, or religion.
• The Age Discrimination in Employment Act, which prohibits workplace discrimination ...