1. Protection from Discrimination
October 12, 2017

2. Civil Rights Act
Federal laws protect individuals from discrimination by private parties. The Civil Rights Act of 1964 outlawed discrimination based on race, religion, color, sex, or national origin in hotels, restaurants, gas stations, and other public accommodations, and in employment.

3. Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) is a federal law intended to end discrimination against disabled persons and eliminate barriers to their full participation in American society.

4. Genetic Information Discrimination
The Genetic Information Identity Act of 2008 makes it illegal to discriminate against employees or applicants because of genetic information.

5. Other equal rights provisions
Other federal legislation prohibits age discrimination and protects families with children from housing discrimination.

6. GLBT Rights
Under the Obama administration, the Equal Employment Opportunity Commission (EEOC) ruled that discrimination on the basis of sexual orientation and gender identity was illegal. That ruling was based on federal law that prohibits gender discrimination. The Trump administration has filed legal papers arguing that federal civil rights law does not protect employees from discrimination based on sexual orientation or gender identity, essentially reversing the Obama position. The issue is now before several lower federal courts.

7. Transgender Ban
Moreover, President Trump has issued an order banning transgender persons from serving in the U.S. military.

8. Legal or Illegal?

9. Legal or Illegal?
You are hiring an anchor for the local TV news. The two finalists are both African American. You choose Candidate A because he is lighter skinned.
Illegal. The 1964 Civil Rights Act prohibits discrimination based on color.

10. Legal or Illegal?
You are opening an Irish pub. You advertise for bartenders who are of Irish extraction.
Illegal. The 1964 Civil Rights Act prohibits discrimination based on national origin.

11. Legal or Illegal?
You only hire good looking people. Ugly folks need not apply.
Probably legal, unless your definition of good looking has a racial/ethnic component.

12. Illegal. This violates the Genetic Information Identity Act of 2008.
Legal or Illegal?
You work in the HR department of a private hospital. When reviewing the files of several job applicants, you note that one has been diagnosed as genetically predisposed to depression. You decide to select another applicant.
Illegal. This violates the Genetic Information Identity Act of 2008.

13. Legal or Illegal?
You are hiring bank tellers. You advertise for people who speak Spanish.
Legal.

14. Legal or Illegal?
You have a thing for blonds. You only hire blond employees.
Illegal. The practice has a disparate impact on a protected class. In other words, the practice would effectively discriminate against African Americans, Asians, and most Latinos.

15. Legal or Illegal?
You are a fitness nut and want your company to project a fit image. You don’t hire people who are overweight.
Legal.

16. Legal or Illegal?
Most of the students in the local private school are Latino, but most of the teachers are white or African American. You direct human resources to give a preference to Latino job applicants.
Illegal. The practice discriminates on the basis of race/ethnicity.

17. Legal or Illegal?
You reject an otherwise qualified job applicant because she has a disability. You are concerned that she will drive up your employee health insurance rates.
Illegal. The practice violates the ADA.

18. Illegal. This is age discrimination, prohibited by federal law.
Legal or Illegal?
You are opening a business and you want to project an energetic image. You decide you will only hire applicants under 40.
Illegal. This is age discrimination, prohibited by federal law.

19. Legal or Illegal? You refuse to hire anyone who smokes.
Legal. Smoking is not a protected class.

20. Illegal. That is gender discrimination.
Legal or Illegal?
A man and a woman are the two finalists for an executive position at your firm. You decide to hire the man because, as head of a household, he needs the job more to support his family.
Illegal. That is gender discrimination.

21. Legal or Illegal?
You are an alumnus of Texas A & M and a big Aggie supporter. You only hire Aggie alums.
Legal, although keep in mind that the alumni of Texas A&M are more likely to be white than the population as a whole.

22. Legal or Illegal?
You reject a qualified job applicant because you think she might be a lesbian.
This is currently the subject of litigation.

23. Legal or Illegal?
You are hiring employees for a position that requires a good deal of telephone work. You reject an otherwise qualified applicant because she has a speech impediment.
Legal. The ADA does not force employers to hire workers who cannot perform the essential duties of the job.

24. Legal or Illegal?
You are a committed Christian and you want your business to reflect your values. You hire only practicing Christians.
Illegal. The 1964 Civil Rights Act prohibits discrimination based on religion. (We are assuming that the business is not a church, Christian bookstore, or a church school.)

25. Illegal. That is discrimination based on religion and national origin.
Legal or Illegal?
You are hiring a branch manager for a bank located in an older neighborhood that is predominantly white Christian. The top candidate is a Muslim woman whose family is from Russia. You are afraid the bank will lose business if you hire her.
Illegal. That is discrimination based on religion and national origin.

26. Legal or Illegal?
You hire only married people to work in your company because you believe they are more stable than single people.
Legal

27. Illegal. That’s gender discrimination.
Legal or Illegal?
You avoid hiring young women in your firm because you have a small office and can’t afford to have employees out for maternity leave.
Illegal. That’s gender discrimination.

28. Legal or Illegal?
You are going to open a gay bar. You advertise for employees who are gay or lesbian.
This is an area that is currently the subject of litigation.

29. Illegal. This is gender discrimination.
Legal or Illegal?
Your company only selects men for top executive positions because the hours are long and women are too distracted raising families.
Illegal. This is gender discrimination.

30. Legal or Illegal?
You interview a young man named Chase for a job and decide to hire him. When you ask for his drivers’ license to complete the hiring paperwork, you discover his real name is Chastity. You decide not to hire him.
Not clear

31. Legal or Illegal?
You are considering hiring a young man at your firm. When you check out his Facebook page, however, you discover lots of pictures of him drinking and partying. Some of his captions include foul language. You decide to hire someone else.
Legal.

32. What You Have Learned
What is the significance of the 1964 Civil Rights Act?
What is the significance of the Americans with Disabilities Act (ADA)?
What is the significance of the Genetic Information Identify Act?
Does the federal government shelter families with children from discrimination? Older Americans? Gay men and lesbians?