What are the Key Employment Laws Related to Hiring?

The five federal EEO statutes that have had the greatest impact on hiring practices are:

  • Title VII of Civil Rights Act (1964)
  • The Age Discrimination in Employment Act (1967)
  • The Immigration Reform and Control Act (1990)
  • The Americans with Disabilities Act (1990)
  • The Civil Rights Act (1991)

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Title VII of Civil Rights Act (1964). It protects individuals against employment discrimination on the basis of race and color, national origin, gender, or religion. It was the first federal statute to protect against discrimination in employment, and it continues to have significant impact on hiring practices today, prohibiting both intentional discrimination and the use of seemingly neutral hiring practices that disproportionately exclude minorities and that are not job-related.

The Age Discrimination in Employment Act (1967). It prohibits discrimination in employment for individuals age 40 and over. While the statute does not specifically prohibit employers from asking an applicant’s age or date of birth, this type of inquiry may indicate a possible intent to discriminate and would be closely scrutinized to determine how related to work the question.

The Immigration Reform and Control Act (1990). It prohibits discrimination based on national origin but also requires employers to obtain verification of an applicant’s right to work in the United States. Note that U.S. citizenship is not required in most cases. If you impose citizenship requirements or give preference to U.S. citizens in hiring or employment opportunities, you may be in violation of IRCA unless there is a legal requirement for a particular job.

Usually employers will collect documents of verification of the right to work in the United States only from applicants to whom they have made job offers. But regardless of when you collect this information, the key is to be consistent. If you single out individuals of a particular national origin or individuals who appear to be foreign, to provide employment verification, you may be in violation of both IRCA and Title VII. If you decide to collect verification from a particular candidate who "looks foreign" before you conduct the final interview, better collect it from every candidate before the final interview.

The Americans with Disabilities Act (1990). This act prohibits discrimination against a qualified individual with a disability if the individual can perform the essential functions of the job with or without reasonable accommodation. The ADA covers physical or mental impairments. Physical impairments include physiological disorders or conditions. Mental impairments include mental or psychological disorders such as mental retardation, emotional or mental illness, and specific learning disabilities.

The Civil Rights Act (1991). It allows an applicant to seek compensatory and punitive damages for willful discrimination—for discrimination based on gender, religion, and disability. It also provides for a jury trial for the plaintiff. This act does not extend protection to any characteristics not already covered under Title VII but it does create steeper consequences—via a jury trial—for employers who violate them.