Illegal Hiring Practices
Virtually every job discrimination and fair employment practices law regulates the hiring practices of employers. The most common laws which prohibit job discrimination in an employer's hiring practices are:
- Title VII of the Civil Rights Act of 1964
- The Age Discrimination in Employment Act
- The Americans with Disabilities Act
- The Florida Civil Rights Act of 1992
Many employers use pre-employment inquiries in considering whether they are going to hire an individual. These inquiries may be asked on job applications, during employment interviews or in other ways.
It is unlawful to predicate employment hiring decisions on the basis of an applicant's race, sex, age, national origin or disability. Each of the previously stated laws have their own limitations on what pre-employment inquiries by an employer are allowable.
Even published advertisements must comply with the state and federal job discrimination laws. Title VII makes it unlawful for an employer to publish an employment ad expressing a preference for applicant's based on race, color, religion, sex or national origin. However, a preference for religion, sex or national origin may be specified if a Bonifide Occupational Qualification exists for that particular position.
If you feel you have been subjected to an illegal hiring practice, it would be helpful to discuss the matter with an attorney to determine whether you may have a cause of action.
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