Many federal policies against discriminatory employment practices include provisions extending to potential job candidates. Landing a job is hard enough, but some protected groups could face discriminatory hiring procedures. These practices are unlawful, causing varying penalties. Additionally, they can adversely affect candidates and even employees of the organization.
The Equal Employment Opportunity Commission (EEOC) has prohibitions on discriminatory hiring procedures, including the following:
- Specifying preference on job postings based on race, color, sex, age, religion and other potentially discriminating conditions
- Refusing candidates from a specific race or group
- Imposing tests irrelevant to the expertise necessary for the job
- Excluding particular age groups from the candidate pool
- Rejecting candidates with disabilities because of reasonable accommodation requests
- Including special employment conditions because of their race, age, religion, color, gender, or other characteristics unrelated to job performance
- Asking for pre-employment details that are irrelevant to determining professional qualifications for the position
Other practices not listed above can also be discriminatory, depending on the circumstances. Employers should review and adjust their hiring process to avoid committing these violations. These hiring procedures could lead to complaints and legal action proportionate to the offense’s severity.
Focusing on expertise-related qualities
Some candidate details could be necessary during the hiring process for identification purposes. Employers should focus on qualifications relevant to the job opening, such as educational attainment, skills and experience.
The EEOC also has guidelines for employers to improve their policies and procedures, ensuring they comply with current employment laws. In most cases, employers can take an active role in addressing discrimination in the workplace, not only reprimanding violators as needed but also integrating non-discriminatory practices within the organization.
