Employment Hiring

The employment relationship is like every relationship-it demands a tremendous amount of work and understanding, requires total commitment, and is based upon loyalty and trust. Without these essential components, there can be no connection. The success or failure of the employment relationship is the responsibility of both the employer and the employee. The relationship may fail for various reasons: The employer and employee have different perspectives or understandings of what is expected; they experience personality clashes or conflicting business objectives; conduct in the workplace is unacceptable or unlawful, such as sex discrimination or retaliation for asserting a legal right. If your business is hiring employees, consult with an experienced business lawyer. The lawyer can advise you on the laws that your business must comply with while hiring employees.

The following federal acts regulate the legal issues involved in interviewing and hiring:

1. Equal Pay Act of 1963

  □ Applies to organizations involved in interstate   commerce.
  □ Prohibits discrimination in compensation based on the   sex of the employee.

2. Title VII of the Civil Rights Act of 1964

  □ Applies to organizations involved in interstate commerce   that have 15 or more employees.
  □ Prohibits employment discrimination on the basis of   race, religion, national origin, and sex.

3. Age Discrimination Employment Act of 1967 (Amended in 1978 and 1986)

  □ Applies to organizations involved in interstate commerce   that have 20 or more employees.
  □ Employers may not discriminate on the basis of age.   Protected group are those from ages 40 to 70.

4. Rehabilitation Act of 1973

  □ Applies to organizations receiving federal funding   and/or organizations doing at least $2,500 of business with the federal   government.
  □ Prohibits discrimination by federal contractors based on   disability.

5. Immigration Reform and Control Act of 1986

  □ Applies to all organizations with four or more   employees.
  □ Prohibits discrimination based on national origin and   citizenship status.
  □ Makes it a crime for employers to hire illegal aliens.

6. Americans with Disabilities Act of 1990

  □ Applies to organizations involved in interstate commerce   that have 15 or more employees.
  □ Requires employers to provide reasonable accommodation   for disabled employees.
  □ Makes it illegal to discriminate against handicapped   employment candidates.

7. Civil Rights Act of 1991 (Amendment of the 1964 Act)

  □ Applies to organizations involved in interstate commerce   that have 15 or more employees.
  □ Extends punitive damages to victims of discrimination   based on disability.
  □ Shifts the burden of proof to the employer.


Here are a few good basic rules that promote sound and legal interviewing:

1. Treat all candidates equally.
2. If you would not ask the question of a male candidate,   then you should not ask it of a female candidate.
3. Ask nothing about a candidate’s personal life.
4. Focus on the candidate’s skills and qualifications as they   relate to the job.
5. Every question asked must have a direct and relevant   relationship to the qualifications required for the job.
6. Any measurement or parameter used to evaluate anyone for   anything in employment is subject to Equal Employment Opportunity (EEO)   regulations