![]() ![]() Title VII of the Civil Rights Act of 1964 permits the use of employment tests unless they are “designed, intended or used to discriminate because of race, color, religion, sex or national origin.” Additionally, employers are prohibited from using different standards or otherwise altering the results of employment-related tests on the basis of race, color, religion, sex, or national origin. Use of tests and other selection procedures can also violate the federal anti-discrimination laws if they disproportionately exclude people in a particular group by race, sex, or another covered basis, unless the employer can justify the test or procedure under the law. However, use of these tools can violate the federal anti-discrimination laws if an employer intentionally uses them to discriminate based on race, color, sex, national origin, religion, disability, or age (40 or older). To quote from the Equal Employment Opportunity Commission’s (EEOC) Employment Tests & Selection Procedures Fact Sheet: “The use of tests and other selection procedures can be a very effective means of determining which applicants or employees are most qualified for a particular job. The example the EEOC cites is an employer's reliance on word-of-mouth recruitment by its mostly Hispanic workforce, noting that if the result is that most new hires are Hispanic, that practice may violate the law. Specifically, it’s illegal for an employer to engage in recruiting practices that have a discriminatory impact. With the emphasis on social and employee-supported recruiting, it’s important to note the potential danger of employee referrals. To the advertising point, the EEOC states that “it is illegal for an employer to publish a job advertisement that shows a preference for or discourages someone from applying for a job because of his or her race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.” For example, a job ad that specifies “male” or “female” or language that suggests age such as “recent college graduate” or “retiree” may violate the law. In particular, employers need to evaluate their advertising and use of employee recruiting, screening, testing and selection techniques to avoid not only intentional discrimination but also practices that have an “adverse impact” on protected groups. In order to avoid discrimination in the recruiting process, human resource personnel need to review recruiting policies and procedures to ensure compliance with federal discrimination legislation (as discussed in Module 4: Diversity in the Workplace). ![]() ![]() Discuss how to avoid discrimination in the recruiting process. ![]()
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