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1.3 Hiring Authority in North Carolina’s Community Colleges 26
1.4 Laws Affecting the Process of Recruitment and Selection 27
1.4.1 The Fair Credit Reporting Act 27
1.4.2 The Immigration Reform and Control Act 28
1.4.3 North Carolina’s E-Verify Requirement 28
1.4.4 The Law Protecting the Lawful Use of Lawful Products 29
1.4.5 North Carolina’s Requirement of United States Selective Service Registration 30
1.4.6 North Carolina’s Defense against Civil Liability for Truthful Job References 30
1.4.7 North Carolina’s Prohibition against Requiring Applicants to Pay the Cost of Exams or Records 30
Chapter 2
Discrimination Law in the Recruitment and Selection Context 33
2.1 Title VII of the Civil Rights Act of 1964: Prohibition against Hiring Decisions Made on the Basis of Race, Color, Gender, Religion, or National Origin 38
2.1.1 Disparate Treatment or Intentional Discrimination in Hiring: The Basic Theory 38
2.1.2 Disparate Treatment or Intentional Discrimination in Making Promotions 42
2.1.3 Mixed Motives: When Discrimination Is Only One Factor in a Decision Not to Hire or Promote 43
2.1.4 The Bona Fide Occupational Qualification Defense to a Charge of Disparate Treatment or Intentional Discrimination 44
2.1.5 A Closer Look at Title VII Disparate Treatment or Intentional Discrimination 45
2.1.6 Disparate Impact or Unintentional Discrimination in Hiring: The Basic Theory 57
2.1.7 A Closer Look at Title VII Disparate Impact or Unintentional Discrimination 62
2.2 The Age Discrimination in Employment Act of 1967: Prohibition against Hiring Decisions Made on the Basis of Age over 40 69
2.2.1 Disparate Treatment or Unintentional Discrimination under the ADEA 70
2.2.2 A Closer Look at Disparate Treatment under the ADEA: Mixed-Motive Cases 80
vi | Table of Contents
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| Title | Recruitment and selection law for local government employers - Page 6 |
| Full Text | 1.3 Hiring Authority in North Carolina’s Community Colleges 26 1.4 Laws Affecting the Process of Recruitment and Selection 27 1.4.1 The Fair Credit Reporting Act 27 1.4.2 The Immigration Reform and Control Act 28 1.4.3 North Carolina’s E-Verify Requirement 28 1.4.4 The Law Protecting the Lawful Use of Lawful Products 29 1.4.5 North Carolina’s Requirement of United States Selective Service Registration 30 1.4.6 North Carolina’s Defense against Civil Liability for Truthful Job References 30 1.4.7 North Carolina’s Prohibition against Requiring Applicants to Pay the Cost of Exams or Records 30 Chapter 2 Discrimination Law in the Recruitment and Selection Context 33 2.1 Title VII of the Civil Rights Act of 1964: Prohibition against Hiring Decisions Made on the Basis of Race, Color, Gender, Religion, or National Origin 38 2.1.1 Disparate Treatment or Intentional Discrimination in Hiring: The Basic Theory 38 2.1.2 Disparate Treatment or Intentional Discrimination in Making Promotions 42 2.1.3 Mixed Motives: When Discrimination Is Only One Factor in a Decision Not to Hire or Promote 43 2.1.4 The Bona Fide Occupational Qualification Defense to a Charge of Disparate Treatment or Intentional Discrimination 44 2.1.5 A Closer Look at Title VII Disparate Treatment or Intentional Discrimination 45 2.1.6 Disparate Impact or Unintentional Discrimination in Hiring: The Basic Theory 57 2.1.7 A Closer Look at Title VII Disparate Impact or Unintentional Discrimination 62 2.2 The Age Discrimination in Employment Act of 1967: Prohibition against Hiring Decisions Made on the Basis of Age over 40 69 2.2.1 Disparate Treatment or Unintentional Discrimination under the ADEA 70 2.2.2 A Closer Look at Disparate Treatment under the ADEA: Mixed-Motive Cases 80 vi | Table of Contents |
