Hiring Discrimination and Fair Employment Practices

Federal law prohibits discrimination based on race, color, religion, sex (including pregnancy, gender identity, and sexual orientation per Bostock v. Clayton County, 2020), national origin, age (40+), disability, and genetic information. State laws frequently add additional protections for marital status, political affiliation, military status, and criminal history (ban-the-box laws). Prohibited practices include: asking about protected characteristics in interviews (age, marital status, children, religion, national origin), using selection criteria that have disparate impact on protected groups without business justification, retaliating against applicants or employees who file discrimination complaints, and failing to provide reasonable accommodations for disabled applicants during the hiring process.

Structured hiring processes protect against discrimination by ensuring every candidate is evaluated on the same criteria. Use the same interview questions for every candidate for the same position. Score responses using a rubric with defined criteria before comparing candidates. Require skills assessments that directly test job-relevant abilities rather than relying on subjective impressions. Document the business justification for every hiring decision. Use diverse interview panels when possible to reduce individual bias. Review job postings for language that may discourage applications from certain groups—avoid gendered terms, unnecessary physical requirements, and educational requirements that are not genuinely necessary for the role.

In a discrimination claim, the employer bears the burden of proving that the hiring decision was based on legitimate, non-discriminatory factors. Documentation provides this proof. Maintain records of: job postings and where they were placed, all applications received, screening criteria and how they were applied, interview notes and scoring rubrics, skills assessment results, the business rationale for the final selection, and rejection reasons for non-selected candidates. Retain hiring records for at least 2 years (required by EEOC) and 3 years for safety. For positions involving real estate transactions, additional documentation may be required under state real estate licensing regulations.