Prior to beginning any step in the selection process, interviewers and appointing authorities need to understand the following employment laws and guidelines:
- 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.
- Title VII of the Civil Rights Act of 1964 - prohibits employment discrimination based on race, color, sex, religion, or national origin, in all matters of employment from recruitment through discharge. Also prohibits sexual harassment.
- The Age Discrimination in Employment Act of 1967 - prohibits employment 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 prohibits discrimination 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 and citizenship or immigration status, prohibits employment of unauthorized aliens and provides penalties for violations.
- The Americans with Disabilities Act of 1990 (ADA) and The Americans with Disabilities Act Amendments Act of 2008 (ADAAA) - prohibits discrimination against qualified individuals with disabilities.
- The Genetic Information Nondiscrimination Act of 2008 - prohibits discrimination against employees and applicants because of 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, which is not in direct conflict with the essential business-related interests of the employer.
- The Public Employees Relations Act (NDCC 34-11.1) - provides a number of protections to certain public employees.
- Nepotism (NDCC 44-04-09) - prohibits a state official or employee from serving in a supervisory capacity over certain relatives.
- Veterans' Preferences (NDCC 37-19.1) - provides preference in employment for a North Dakota resident who is a wartime veteran.
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 federal contractors from discrimination in employment decisions based on race, color, religion, sex, or national origin and requires them to take affirmative action to ensure that equal opportunity is provided in all aspects of employment.
The Rehabilitation Act of 1973 - prohibits federal contractors from discriminating against individuals with disabilities.
The Vietnam Era Veterans' Readjustment Assistance Act - requires federal government contractors to take affirmative action to employ and advance specified categories of veterans and prohibits discrimination against such veterans.