A Look at Legislation Specifically Dealing with Discrimination in the Hiring and Promotion Realm: Civil Rights and Age Discrimination
Linda Swagger
Personnel and Organization Policy (MGMT335-1501B-01)
Professor Lillian Lynn
AIU Online University
April 22, 2015
Abstract
This paper will review two Federal Laws of discrimination (the Civil Rights Act and the Age Discrimination in Employment Act of 1967) with regards to hiring and promotion within a company. It will also define one advantage and one disadvantage of those laws.
A Look at Legislation Specifically Dealing with Discrimination in the Hiring and Promotion Realm: Civil Rights and Age Discrimination
When it comes to hiring and promotion for employers it goes without saying that all the federal and state laws should be followed and that age, gender and other factors should never play a role in those decisions. So what are the federal laws prohibiting job discrimination? They are Title VII of the Civil Rights Act of 1964 (Title VII), the Equal Pay Act of 1963 (EPA), the Age Discrimination in Employment Act of 1967 (ADEA), Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), Sections 501 and 505 of the Rehabilitation Act of 1973, Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA) and the Civil Rights Act of 1991 (www.eeoc.gov/laws/practices, 2015). These laws are all enforced by the U.S. Equal Employment Opportunity Commission (EEOC). EEOC also provides oversight and coordination of all federal employment regulations, practices and policies (www.eeoc.gov/laws/statues, 2015). There are also other federal laws that are not enforced by the EEOC but also pertain to discrimination. These prohibit discrimination and reprisal against federal employees and applicants (http://www1.eeoc.gov//laws/practices, 2015). This is the Civil Service Reform Act of 1978 (CSRA). It contains a number of prohibitions known as prohibited personnel practices. The CRSA prohibits any employee who has authority to employment on the bases or race, color, national origin, religion, sex, age or disability (Hersch, 2015). Under the Title VII discriminatory practices are prohibited in the areas of hiring and firing and also promotion as well as in the ADEA. This addresses the area of not being discriminated against due to sex or age (www.eeoc.gov//laws, 2015). These laws that are enforced by EEOC forbid discrimination in every aspect of employment. One advantage of the ADEA’s law is that no one can advertise in hiring statements or specifications or advertise age preference or limitations. An age limit can only be specified in the rare circumstances where age has been proven to be a qualification of that particular job, example someone serving alcohol must be of age by the state law requirements to serve alcohol in a public place. This advantage makes the position and job market fair to all that apply and also makes promotion open to anyone who has the determined skills and job requirements. It makes all employees and applicants fair with regards to age and does not allow age to be the reason for non-hire or non-promotion. One disadvantage of this ruling is safety in some areas as well as medical reasons. For example, if posting a position that requires extended periods of lifting over 50 pounds or standing long periods of time it may be a liability to hire someone over a certain age who may not be fit for the position. In this case, requiring a physical exam before hiring for the position would be a process to assist the employer and help the employer stay compliant and within their rights to make sure the person they are hiring for the position is physically fit to perform the duties at hand. Another legislation to be reviewed is sex discrimination. In the Civil Rights Act of 1964, it is stated that no one can be discriminated against because of sex. However, it is well known that there is an
