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What to Avoid When Choosing Job Candidates: Part 2

Age & Alienage:

Age- Employment discrimination due to age is prohibited under the Age Discrimination in Employment Act of 1967 (and as amended in 1978) except in situations where there is a bona fide occupational qualification. Other statutory exceptions, such as the positions of airline pilot and Senior Corporate Executive, are also made.

Just as in other cases, reliance on the job descriptions becomes imperative. If the job itself comes with either a legal or obvious logistical requirement (as in the senior corporate position) then it is an element which could eliminate a candidate. However, it must be strictly job related.

 

Alienage- It is unlawful, according to Title VII, to require citizenship as a standard for hire if the result is discrimination against individuals on the basis of national origin. The majority of reasons for requiring citizenship usually center on national security.

The immigration Reform and Control Act, along with many state statutes, prohibits the hiring of aliens unless they have obtained the permission to work in the United States. It is now an employer’s legal  responsibility to establish an employee’s working status within three days of hire.

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