Understanding Federal Fair Hiring Laws

Hiring is a key element of building strong teams and growing a business. But the process requires careful adherence to the various laws that apply. Federal laws are in effect, designed to protect applicants and support a fair atmosphere for all who may be seeking employment. Explore the federal fair hiring laws to ensure your business is in compliance.

What Are Fair Hiring Laws?

Fair hiring laws is a term that encompasses a range of regulations administered on a federal level by the United States Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC). Currently, over 180 federal laws are in effect covering workplace activities and offering protections for over 165 million workers. Not all of these laws apply to hiring, but some include mandates and regulations around bringing on new employees.

Civil Rights Act of 1964, Title VII

Under Title VII of the Civil Rights Act of 1964, employers are prohibited from discriminating against candidates based on protected characteristics. These include national origin, religion, race, color, and sex. Employers must make reasonable accommodations for the need for religious observance. It also restricts against retaliation.

Americans with Disabilities Act (ADA) 

The ADA was enacted in 1990, providing widespread protections for individuals with disabilities. In the hiring sphere, restrictions include discriminating against someone qualified to perform the duties of a job with a physical, mental, emotional, or other type of disability in terms of offering employment. Additionally, the law prohibits discrimination based on perceived disability, association with someone with a disability, or based on a record of a disability.

Employers may be required to provide reasonable accommodations. These may include making facilities more readily accessible to individuals with disabilities and/or making adjustments to work schedules, positions, examinations, training policies or materials, or devices or equipment to accommodate someone with a disability. 

When determining whether such an accommodation would place undue hardship on an employer, factors considered include the cost and nature of the accommodation, as well as the overall financial and other resources of the employer and covered entity. 

Age Discrimination in Employment Act (ADEA) of 1967

Another law that applies to hiring is the Age Discrimination in Employment Act of 1967. Employers may not discriminate against employees who are 40 years and older on the basis of their age. It also prohibits retaliation. 

Pregnant Workers Fairness Act (PWFA)

Title VII of the Civil Rights Act of 1964 was amended to prohibit discrimination on the basis of pregnancy, as well as childbirth and other related conditions. In 2022, the Pregnant Workers Fairness Act was enacted, which requires employers to provide reasonable accommodations related to pregnancy, childbirth, and other related medical conditions. However, if doing so would create undue hardship for the employer, they may be exempt.

Federal Equal Pay Act (EPA) of 1963

Although this legislation pertains more to employment, setting the salary for a position often starts during the hiring process. The Federal Equal Pay Act of 1963 prevents pay discrimination between workers on the basis of sex. Workers of the same employer performing jobs that require substantially equal responsibility, effort, and skill under similar conditions may not receive different rates of pay based on sex.

Some additional laws are in effect that pertain only to hiring government employees or contractors.

Genetic Information Nondiscrimination Act (GINA) of 2008

The Genetic Information Nondiscrimination Act prohibits discrimination based on an individual’s genetic information. This regulation pertains to employment and health insurance coverage. Decisions related to hiring cannot be made based on genetic information, including test results or family medical history. It also restricts employers from firing or making promotion decisions based on these factors.

Genetic information includes family medical history, testing results, requests to complete testing, and participation in counseling related to genetics.

What Are Ban-the-Box Laws?

Ban-the-box laws are regulations limiting when employers may ask about the criminal history of a candidate during the hiring process. The term refers to eliminating the box that must be checked on a traditional application when the individual has a criminal record. 

The goal of such legislation is to remove the stigma associated with a criminal record from the early stages of hiring, thus creating a more fair experience for all candidates. Additionally, creating employment opportunities for individuals with criminal histories may reduce the likelihood of additional offenses.

A federal ban-the-box law is in effect, called the Fair Chance to Compete for Jobs Act (FCA). It went into effect in 2021, although it only pertains to federal agencies and contractors. 

There is no federal ban-the-box law in effect for private employers. However, some states, cities, and municipalities have enacted legislation regarding banning the box that would apply. Review our HR Laws and Regulations Resource Center to view what laws are in effect in your state.

State-Specific Legislation

States, municipalities, counties, and cities across the nation have enacted legislation that pertains to the hiring and recruiting process and differ from federal fair hiring laws. We offer state-specific overviews to help clients across the nation determine what applies to their hiring processes. 

HR Laws and Regulations Resource Center

WorkforceHub can also help you stay compliant with various employment and labor laws. Learn more about how our hiring, timekeeping and scheduling, and HR platform is designed to minimize risk and maximize protection.