My Legal Rights During A Job Application

​What are my legal rights during a job application?

There are multiple state and federal anti-discrimination laws that protect you during the job hiring process. Do you know it’s illegal for any employer to do the following?

• Discriminate applicants on the basis of race, color, religion, sex, or national origin
  (Title VII of the Civil Rights Act of 1964);
• Pay men and women unequally despite performing substantially similar work
  (Equal Pay Act of 1963);
• Discriminate on the basis of age (Age Discrimination in Employment Act of 1967);
• Discriminate on the basis of disability, if the applicant is otherwise qualified
  (Title I and Title V of the Americans with Disabilities Act of 1990 and Sections 501
  and 505 of the Rehabilitation Act of 1973); or
• Discriminate based on an applicant’s genetic information
• (Title II of the Genetic Information Nondiscrimination Act of 2008).

 
As a business owner, hiring manager, or prospective employee, it’s important to know these types of questions asked during an interview or on an application are not permitted:

• Are you a U.S. citizen? What is your citizenship or country of origin?

• What is your age?

• What is your marital status?
• Do you plan to have a family? How many children do you have?

• Do you have any genetic diseases?
• What is your religion?
• Do you have a disability?

  
No Drug Tests Against Applicant’s Will
Did you know it’s illegal for employers to force job applicants to take a drug test? This means an employer cannot force an applicant to take a drug test against the applicant’s will. However, an employer offering a job that is contingent on passing a drug test is indeed lawful, and the applicant can choose to submit to the test or not.
 
For more information visit www.eeoc.gov/laws/practices.

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