Q: What job requirements are legally discriminatory?
The shorthand way to analyze this is anything that isn’t objectively job related.
There’s a whole industry of consultants and lawyers out there who will tell you that in expensive ways. But it’s the only working definition you need. Call our office if you run into a questionable requirement.
Keep in mind that “discrimination” in a legal sense refers only to consideration of certain cultural, physical, and mental characteristics. Recruiters are paid to discriminate on the basis of job skills, personal qualifications, and experience.
Here are areas of inquiry and presentation to avoid:
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- Physical Characteristics
- Psychological Attributes
- Marital Status
- Family and Personal Responsibilities
It’s easy to find some hypothetical way to trap yourself with marginally job-related requirements. But as a practical matter, you can’t consider them.
You’re as liable as the employer (jointly and severally) under virtually all federal and state laws. Only you’re not as able to defend yourself.
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