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37
Chapter 2
Discrimination Law in the Recruitment and Selection Context
Federal antidiscrimination laws put the most significant limitations on the way in which North Carolina public employers may seek and choose new employees. Indeed, from a legal perspective, much of the process of recruitment and selection revolves around ensuring that those involved in the hiring decision do not engage in unlawful discrimination—either intentionally or unintentionally—and in defending against the possibility that job applicants will perceive discrimination where there is none. Five federal statutes prohibit discrimination in public and private employment on nine different bases. Four state statutes prohibit discrimination in public and private employment on those same nine bases. For public employers, the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution also prohibits them, as government entities, from treating different classes of people differently.
This second chapter is a comprehensive look at the laws that protect applicants from discrimination during the hiring process. The law is extensive and sometimes complex. Because many of the specific issues in recruitment and selection discussed later in this book require a basic understanding of these statutes and of the Equal Protection Clause, readers should familiarize themselves with the principles of antidiscrimination law before proceeding further. Because not everyone will need to understand this area of the law in the same depth, the treatment of each of the federal statutes is divided into introductory and more in-depth discussions of the law.
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| Title | Recruitment and selection law for local government employers - Page 53 |
| Full Text | 37 Chapter 2 Discrimination Law in the Recruitment and Selection Context Federal antidiscrimination laws put the most significant limitations on the way in which North Carolina public employers may seek and choose new employees. Indeed, from a legal perspective, much of the process of recruitment and selection revolves around ensuring that those involved in the hiring decision do not engage in unlawful discrimination—either intentionally or unintentionally—and in defending against the possibility that job applicants will perceive discrimination where there is none. Five federal statutes prohibit discrimination in public and private employment on nine different bases. Four state statutes prohibit discrimination in public and private employment on those same nine bases. For public employers, the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution also prohibits them, as government entities, from treating different classes of people differently. This second chapter is a comprehensive look at the laws that protect applicants from discrimination during the hiring process. The law is extensive and sometimes complex. Because many of the specific issues in recruitment and selection discussed later in this book require a basic understanding of these statutes and of the Equal Protection Clause, readers should familiarize themselves with the principles of antidiscrimination law before proceeding further. Because not everyone will need to understand this area of the law in the same depth, the treatment of each of the federal statutes is divided into introductory and more in-depth discussions of the law. |
