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A “jobless” world, the “jobless” jobAge Discrimination Act of 1967: unlawful to discriminate against employees or applicants who are 40 +, ends mandatory retirements. This is regarded as a favored statute, allows jury trials and double damages to those proving willful discrimination. Americans with Disabilities Act: Aims to reduce or eliminate discrimination against disabled individualsApplication Forms and the EEO:Employers should regularly review all application materials to make sure they comply with all EEO regulationsQuestions about race, religion, age, sex, or national origin are generally not illegal under federal law (as long as the answers are not used to discriminate) but they are illegal under most state lawIs best to avoid those questions regardless, since including them in the application process places the burden of proof on the employer in an EEO actionIt is hard to prove that such a question is a business necessity3 basic defenses in event of a discriminatory practice allegation:Bona Fide Occupational RequirementoThis is applied when a protected status (such as age, sex, religion, national origin,…) is actually a bona fide requirement of the joboExample- mandatory retirement ages for pilotsoRabbioLinebackeroHooters girlsBusiness NecessityoAn attempt to show that the practice is actually valid, such as a pre-employment test or a required high school diplomaoThis one has been historically difficult to proveoAvoiding inconvenience or annoyance does not qualifyDecision made for legitimate reasons.Civil Rights Act of 1964: unlawful employment practice for an employer to fail/refuse to hire someone because of race, color, religion, sex, national origin
Civil Rights Act of 1991: •Allows for employees to sue for damage awards, whereas previously employees could receive only back pay and equitable relief.•Permits individuals to request a trial by jury if they believe they have been discriminated against.•Mandates that criteria used by a business for hiring decisions must be “job related for the position in question and consistent with business necessity.”•Exempts employers with fewer than 15 employees from payment of punitive damages except in cases of intentional discrimination.The Civil Rights Act of 1991Sought to strengthen protection of rights for women and minoritiesIdea was to make it even more important that employers adhere to both the spirit and intent of EEO lawCommon Interviewing Mistakes:Snap judgmentsoWe make judgments about candidate before the interview even beginsoForm impressions from resumes and applicationsoWe then find what we expect to findoMust keep an open mindNegative emphasisoInterviewers tend to have a consistent negative biasoMore influenced by unfavorable rather than favorable informationoSome interviews are searches for negative infooInstead of looking for the good candidate, we are trying to find reasons to weed people outNot knowing the jobo