Employment Regulations Against Discrimination

Answer 1

Anti-discrimination laws protect employees from unfair treatment during the hiring process or while at work. Employers can't make employment decisions on the basis of illegal discrimination, including failing to hire or firing employees because of attributes that are protected from discrimination such as race or religion.

Employers can't choose not to hire someone on the basis of the employee's race, religion, gender, ethnic background, nationality, age or the presence of a disabling condition. In some states, employers also may not consider an employee's sexual orientation or gender identity, although in most states these are not protected classes. Employers aren't barred from asking questions about an employee's protected class status on an application or in an interview; however, if an employee isn't hired, the employer may have to prove in court that the decision wasn't based on discrimination. For example, an employer can ask whether an employee has a disability, but can't choose not to hire the employee based solely on the presence of the disability.

Some employers require employees to pass a background check prior to being hired. The employee must give her consent to the background check in writing. Usually employers require the potential employee to sign a consent form as part of the application. The consent form should inform the employee of the nature of the background check and provide an address where the employee can get a copy of the background check that is being used. If an employee isn't hired due to a background check problem, the employer must give her a written notice stating the problems in the background check and informing her that she has the right to a free copy of the background check if she writes to an address given in the notice.

Most employees, once hired, are hired "at-will." This means that either the employee or the employer can terminate employment for any reason that is not prohibited by law. Neither party needs to give the other party advance notice, although it's customary for employees to give two-weeks notices before leaving a job. If an employee is fired, he usually can't sue for wrongful termination if he is an at-will employee, with the exception of being fired due to membership in a protected class. However, employees who are involuntarily terminated may be entitled to unemployment compensation if they were fired for any reason other than gross misconduct.