Chapter 12: Workplace Privacy
Antidiscrimination Laws as Limits on Screening
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) |
Reduce risk
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.
When protected info is allowed
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”?
Civil Rights Act of 1964 provision barring employment discrimination based on race, color, religion, sex, and national origin; EEOC has held it covers sexual orientation and gender identity.
What is “Equal Pay Act of 1963”?
Federal law barring wage disparity based on sex.
What is “ADEA”?
Age Discrimination in Employment Act of 1967; bars discrimination against individuals over 40.
What is “Pregnancy Discrimination Act of 1978”?
Bars discrimination due to pregnancy, childbirth, and related medical conditions.