Antidiscrimination Laws as Limits on Screening
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Federal antidiscrimination laws (Title VII, Equal Pay Act, ADEA, Pregnancy Discrimination Act, ADA, GINA) bar discrimination and indirectly limit what interviews and screening can ask. A key strategy is to avoid eliciting protected-class information and to ask all candidates the same questions.
| Law | Protected basis |
|---|---|
| Title VII (1964) | Race, color, religion, sex, national origin (EEOC extends to sexual orientation and gender identity) |
| Equal Pay Act of 1963 | Wage disparity based on sex |
| ADEA (1967) | Age (individuals over 40) |
| Pregnancy Discrimination Act of 1978 | Pregnancy, childbirth, related medical conditions |
| ADA (1990) | Disability (qualified individuals) |
| GINA (2008) | Genetic information |
| Bankruptcy Act 11 U.S.C. 525(b) | Persons who filed for bankruptcy (courts split on pre-offer application) |
Avoid questions that elicit protected-class membership (e.g., religious or national-origin organizations) and ask the same questions of all candidates. Asking only women how long they plan to stay raises pregnancy/sex-discrimination risk.
Protected-class info may be lawful where required by statute, where it is a bona fide occupational qualification, or where it becomes known for another nondiscriminatory reason.
Key terms - quick answers
What is “Title VII”?
What is “Equal Pay Act of 1963”?
What is “ADEA”?
What is “Pregnancy Discrimination Act of 1978”?
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