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Chapter 20. Recruiting Candidates from O... > The Laws That Affect Employment - Pg. 263

Recruiting Candidates from Outside the Company 263 · Title VII of the Civil Rights Act of 1964, as amended, prohibits discrimination in employment on the basis of race, color, sex, religion, or national origin. The law is administered by the Equal Employment Opportunity Commission (EEOC). The EEOC also administers the Age Discrimi- nation in Employment Act (ADEA) and the Americans with Disabilities Act (ADA). · The Age Discrimination in Employment Act of 1967, as amended, prohibits discrimination against individuals 40 years of age or older. Some state laws cover all persons over the age of 18. · The Americans with Disabilities Act of 1990 prohibits discrimination against people who are physically or mentally challenged. · The Equal Pay Act of 1963 requires that an employee's gender not be considered in determining salary (equal pay for equal work). Most states have similar laws. Because some state laws are stricter than the federal laws, make sure that you know what your state requires. In addition, several presidential executive orders require that certain government contractors and other organizations receiving funds from the federal government institute affirmative action pro- grams to bring more minorities and women into the work place. It's important to remember that an employer isn't obligated to hire an applicant just because he or she is in a protected class . An employer can still hire another candidate who is deemed to be better qualified, but the employer cannot use discriminatory information to exclude a candidate who oth- erwise is most qualified for a job or promotion. Team leaders must, therefore, avoid doing, asking, or saying anything that could possibly be construed as discriminatory to avoid the appearance of discrimination, which can be misinterpreted regardless of whether it was a factor in a hiring or pro- motion decision.