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a "jobless" world, the "jobless" jobDe-jobbing is a result of needing more flexibilityAge Discrimination Act of 1967Unlawful to discriminate against employees who are 40 y/o.End mandatory retirementsFavored statute: jury trials and double damages to those proving willful discrimination.Americans With Disabilities ActReduce and eliminate discrimination against disabled peoples50 mil Americans have disabilities⅔ are unemployed (16-64 y/o), many want and need workADA doesn’t list specific disabilitiesEmployees should make reasonable accommodations unless it provides a hardship on businessex : blind Harvard Law Student graduate turned down hundreds of time.Being disabled doesn’t qualify someone for the job Reasonable accommodations: minor job redesign, modified schedule, modifying or getting equipmentNOT A DISABILITY: drug use (illegal), homosexuality, gamblingapplication forms and the EEOQuestions about race, religion, age, sex, or original are not illegal under FEDERAL as long as they do not discriminate but are illegal under most statesBest to not put them on appApps must comply with EEOBona Fide Occupational RequirementWhen a protected status (age, race, religion, origin, gender) is actually a requirementEx: jewish for rabbi, hooters waitstaff is a girl, linebacker physical reqs, retirement age mandatory forpilotsBusiness NecessityShow that the practice is valid (pre-employment test or required HS diploma)Historically difficult to proveAvoiding inconvenience or annoyance doesn’t qualifyCivil Rights Act of 1964Unlawful for an employer to refuse hire employment due to their race, color, religion, sex, or national origin. Also unlawful to segregate/limit employee (depriving them of opportunities) becauseof race, color, religion, sex, or national origin.Civil Rights Act of 1991Employees may sue for damage awardsIndividuals may request a trial by jury if they believe they’ve been discriminated against. Criteria that businesses use to hire MUST be job relatedExempts employers with <15 employees from payment of punitive damages unless it’s intentional discrimination
common interviewing mistakesSnap Judgements (before interview began, from resume and applicants)Negative emphasis: looking for things that are wrong rather than goodNot Knowing the Job: interviewers should know more about what the job entailsPressure to hire: undermines interviews usefulnessContrast Error: average candidates following a really poor candidate makes them look betterInfluence of non-verbal behavior: more eyecontact, smiling, etc is better. Sex and attractiveness.content validityStrongest defense in EEOCFair sample of the content of the jobcriterion validityDemonstrating that those who did wellon the test have also done well on the jobdefense of discrimination allegationsdrug screening in the selection processDrug abuse increases accidents, sick benefits, and money to american businesses (higher compensation claims)Drug testing more common, especially before a formal hiring