The Hiring Process and the Laws That Govern It

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The Hiring Process and the Laws that govern it

Jeremy Pesek
National American University

Abstract
Human resource departments spend many hours trying to recruit and hire quality employees. This is done by following the laws set forth in the hiring process. This research will benefit an organization to better understand the laws and find quality employees. Making sure they follow these laws and methods they will be able to make the best selection for the ‘fit’ of the company. This will apply to large or small companies. Following a good process and knowing the laws will make for a good fit for both the employer and the employee.

The Hiring Process and the Laws that govern it
There are many laws that help regulate the hiring process of a company. It is essential for all employees involved in the hiring process to be fully aware of these laws. One thing that knowledge of these laws will help with is employment discrimination. The U.S. Equal Employment Opportunity Commission (EEOC) enforces the federal laws that prohibit job discrimination. The seven major laws preventing job discrimination are • Title VII of the Civil Rights Act of 1964 (Title VII),

• The Equal Pay Act of 1963 (EPA),
• The Age Discrimination in Employment Act of 1967 (ADEA), • Title 1 and Title V of the Americans with Disabilities Act of 1990 (ADA), • Sections 501 and 505 of the Rehabilitation Act of 1973,
• Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), and • The Civil Rights Act of 1991 (“Federal laws prohibiting,” 2009). Making these laws known to an organization will benefit them in the hiring process. Even though these laws exist and promote fair employment, discrimination continues to be an issue.(Hiring Process. Anti Essays) Without knowing and understanding these laws fully you may compromise the process of hiring quality candidates.

Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employment discrimination, but also practices that have the effect of discriminating against individuals because of their race, color, religion, gender or national origin. One example of what Title VII defines as illegal is, discriminating against an individual because of birthplace, ancestry, culture or linguistic characteristics common to a specific ethnic group. (Human Resource Management Instructional Materials 2009) Title VII is designed for all private employers, state and local governments, and education institutions that have more than 15 employees. This also applies to the federal government, but different procedures are used for processing federal discrimination complaints. (Human Resource Management Instructional Materials 2009) Even with this in place we still have violations.

The Equal Pay Act of 1963 (EPA) prohibits sex-based wage discrimination between men and women in the same establishment who perform jobs that require substantially equal skill, effort and responsibility under similar working conditions. This type of violation occurs when a different wage gets paid to a person working in the same job but is a different gender. This can happen in the present or before and after for the position. EPA also covers the Federal Minimum Wage. Most all employees are subject to the provisions of this act.

The Age Discrimination in Employment Act of 1967 (ADEA) prohibits employment discrimination against individuals who are 40 years of age or older. (Human Resource Management Instructional Materials 2009) This act covers all private employers that have more than 20 employees and is extended to state and local governments and employment agencies and labor unions. This act helps prevent the denial of benefits to older employees, and states that the employer can only reduce the benefits paid to an older employee if the cost is the same as the cost of providing benefits to younger employees. Only in rare instances can an age limit be specified and has to be proven to be an occupational qualification....
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