Main laws and regulations affecting the selection process: Age Discrimination in Employment Act. Immigration Reform and Control Act (IRCA). Title VII of the Civil Rights Act. Employee selection systems must be formalized and structured.
While there is nothing to stop workers from filing discrimination claims, there are mechanisms in the legislation to rule out complaints that simply have no chance of succeeding, such as when a plaintiff cannot demonstrate the basic elements of her claim, that is, summary judgment is the main exclusionary mechanism that employers can use to put an end to those claims at an early stage of a dispute. Employers often win summary judgment when plaintiffs can't show that they were qualified for a position or that they even applied for it. In the case of racial discrimination lawsuits, the plaintiff can be exempted from proving that he has applied if there is direct evidence of discrimination, which generally includes only conduct or statements that measure up to a particularly high level of proof of hateful intent. Recently, however, in Lockridge v.
Board of Trustees of the University of Arkansas, 294 F, 3d 1010 (8th Cir. Courts generally require plaintiffs to identify the specific employment practices that cause the alleged disparities. On the other hand, as stated in the Stender v. case, employers obviously don't want to facilitate plaintiffs' cases and can avoid this by providing their managers with specific criteria and methodologies for evaluating candidates.
Legal issues related to recruitment and selection include potential complaints of discrimination on the basis of disability. Regardless of how formal or structured employee selection systems are, and despite the lack of hateful intent, employers can be held accountable if their practices negatively affect candidates who belong to a legally protected category. While plaintiffs, not employers, will have the burden of proving the existence of less discriminatory alternatives, employers should consider these options before settling for procedures that have an adverse impact. In addition to the legal ramifications, a company's reputation is affected if cases of discrimination come to light.
It's an extremely complex process, and certain legal implications must be taken into account at every step of the process.
