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During the course of many interviews, many interviewees believe the interview panel has committed an employment violation. However, without having the appropriate laws at their disposal, employers are allowed to perpetuate their discriminatory behavior. We have memorialized a few of the most pertinent employment laws to be considered when preparing for an interview. Please refer to the below sites should you feel an employer has discriminated against you:
Civil Right Act, Title VII – The principal obligations imposed under federal law for most employers emanate from Title VII of the Civil Rights Act of 1964. It states in part that employers with 15 or ore employees may not discriminate in employment based on race, color sex, religion, or national origin.
The California Fair Employment and Housing Act (FEHA) – Prohibits discrimination and harassment based upon race, religious creed, color, national origin (including language limitations), ancestry, disability (physical or mental) including HIV and AIDS, medical condition (cancer/genetic characteristics), marital status, sex age (40 and above), sexual orientation, denial of family and medical leave, denial of pregnancy disability leave, or reasonable accommodation. The FEHA, revised in 2002, substantially overlaps with the federal statues Title VII, the ADEA, and the ADA.
Equal Employment Opportunity Act (EEO) – Many governmental entities are governed by numerous EEO regulations that establish the state and federal standard for fair employment practices. The Equal Employment Opportunity Commission’s “Uniform Guidelines on Employee Selection Procedures” (September 6, 1978) requires employers to demonstrate the validity of their employment practices whenever they appear to be discriminatory. Job analysis plays a critical role in validation and is described by the guidelines as mandatory to the process of substantiating that selection criterion and methods are job-related.
Affirmative Action Policy/Program – With the passage of Proposition 209 (1996), many cities within the United States’ Affirmative Action Programs have changed very little. However, many cities eliminated programs that were considered preferential treatment including the practice of using Affirmative Action as a hiring “tie breaker” when candidates were judged to be equally qualified for a position.
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