What legal issues must you keep in mind when selecting job candidates, and was there a company that violated one of these issues. What were the consequences?
A company has many legal obligations when it comes to hiring. It can't deny employment due to race, age, gender, or sexuality. Many companies also can't deny employment to someone due to a past criminal record. For companies who violate these laws, they're liable to be sued for millions.
There's an array of laws when it comes to selecting and hiring people. For one thing, a company can't refuse to hire someone based on their gender. They can't deny someone employment because they're a woman. Recently, the Supreme Court also ruled that a company can't deny someone employment or discriminate against someone because they identify as trans or a gender different than the one that was assigned to them at birth.
A company can't also not hire someone because of their sexuality. They can't pass up a candidate because they're gay or bisexual.
In some states, it’s also against the law for certain companies to ask about a prospective employee's criminal record. In New York, for instance, it's against the law for most employers to ask about a candidate's criminal record until they've been offered the job.
For companies who violate these laws, expect lawsuits. When Aimee Stephens was fired from her job as an embalmer at a funeral home after transitioning from male to female, she launched a lawsuit.
Yet that's a case of unlawful termination. When it comes to hiring, sometimes biases can be tough to prove. In order to prove them, you have to review thousands of applicants and show a pattern of discrimination. However, it is possible to do so.
When people accused the chain restaurant Seasons 52 of ageism when it came to hiring, they were able to prove that Seasons 52 displayed a pattern of favoring young people. Now, they have to pay $2.85 million to the older people they discriminated against.
You could also look at what happened to Abercrombie and Fitch as their "look policy" of hiring became increasingly public.