Management: Recruitment and Selection
Prior to beginning any step in the selection process, interviewers and appointing authorities need to be familiar with the following employment laws and guidelines:
- The Civil Rights Acts of 1866, 1870, and 1871 - prohibits discrimination against minorities.
- The Fair Labor Standards Act of 1938 - specifies a minimum wage, requires overtime pay for certain employees, and restricts child labor.
- The Equal Pay Act of 1963 - requires equal pay for men and women performing work that involves similar skill, effort, responsibility, and working conditions.
- The Civil Rights Act of 1964, particularly Title VII - prohibits the selection of employees based on race, color, sex, religion, or national origin, in all matters of employment from recruitment through discharge, and requires employers to discover discriminatory practices and eliminate them. Also prohibits sexual harassment.
- The Age Discrimination in Employment Act of 1967 - prohibits discrimination because of age for anyone age 40 or over.
- Pregnancy Discrimination Act of 1978 - amended Title VII to recognize pregnancy as a temporary disability and prohibit bias on the basis of pregnancy, childbirth, or related medical conditions.
- 1978 Uniform Guidelines on Employee Selection Procedures - applies to employers subject to Title VII or Executive Order 11246; provides a framework for determining the proper use of tests and other selection policies or practices; requires that all selection procedures must withstand validation tests.
- The Immigration Reform and Control Act of 1986 - prohibits discrimination in employment on the basis of national origin or citizenship status, prohibits employment of unauthorized aliens and provides penalties for violations.
- The Americans with Disabilities Act of 1990 (ADA) - prohibits discrimination against qualified individuals with disabilities—that is, individuals with disabilities who can, with or without reasonable accommodation , meet the skill, experience, education, and other job-related requirements of a position—in regard to job application procedures; hiring, advancement, or discharge of employees; employee compensation, job training, and other terms, conditions, and privileges of employment.
- The Genetic Information Nondiscrimination Act of 2008 - prohibits discrimination against employees and applicants because of genetic information. Title II prohibits the use of genetic information in employment decisions and restricts employers from requesting, requiring, or purchasing genetic information, as well as disclosing genetic information.
State Laws Affecting Selection
- The North Dakota Human Rights Act (NDCC 14-02.4) - prohibits discrimination on the basis of race, color, religion, sex, national origin, age, the presence of any mental or physical disability, status with regard to marriage or public assistance, or participation in lawful activity off the employer’s premises during nonworking hours; to prevent and eliminate discrimination in employment relations, ...
- The Public Employees Relations Act (NDCC 34-11.1) - grants an exception to discrimination on the basis of marital status—that being in the employment of the spouse of a person who has the power to hire or fire with respect to the position involved.
- Nepotism (NDCC 44-04-09) - prohibits the head of any executive or administrative department, either elective or appointive, from appointing his wife or her husband, son, daughter, brother, or sister to any position under the control or direction of the head of the department.
- Veterans' Preferences (NDCC 37-19.1) - requires preferences in employment for wartime veterans.
There are also a number of other employment laws that must be adhered to by agencies that receive federal funding or who hold federal contracts. Some are listed below:
11246 - prohibits discrimination and requires government contractors to take affirmative action to assure that
applicants are treated equally.
The Rehabilitation Act of 1973 - prohibits federal contractors discriminating against individuals with disabilities.
The Vietnam Era Veterans Readjustment Act of 1974 - encourages employers to hire qualified Vietnam veterans, including those who were disabled.