Discrimination in Hiring Practices

Woman in the workplace.

The United States, like many countries, historically had a problem of discrimination in the workplace. This happened to many minority workers, including women and racial minorities. This problem was greatly remedied by the Civil Rights Act of 1964, but there are still problems of hiring discrimination in the workplace.

History

Because of racism in America, employers would often discriminate against racial minorities, particularly African Americans. This discrimination might involve a refusal to hire African Americans, paying them lower wages or giving them lesser jobs and working conditions. Women also have a history of being discriminated against in the workplace in the same manner. Increasingly often, age illegally becomes a determining factor in hiring decisions, with more qualified older workers being passed over for younger ones with less experience.

Civil Rights Act

In 1964, the Civil Rights Act was passed. Part of this act (title VII) concerned discriminatory hiring practices, making it illegal for any employer to discriminate based on "race, color, religion, sex or national origin". This act had profound effects. Employees who before had no recourse in the event of discrimination could now sue employers who promoted or allowed discrimination in the workplace.

Other Legislation

In 1967 the Age Discrimination in Employment Act made it illegal for employers to discriminate based on the age of an employee or potential employee. This act covers those aged 40 and over, and is mainly in place to protect more qualified, experienced employees from being passed over for younger persons. In 1990, the Americans with Disabilities Act made it illegal for employers to discriminate based on disabilities, and the Equal Pay Act of 1963 stated that men and women performing the same job cannot be compensated differently.

Affirmative Action

Affirmative action refers to the federal guidelines that require certain employers to take "affirmative action" in hiring and promoting minority groups. Employers who are required to adhere to affirmative action are those run by or working for the government, though the majority of private employers also strive to adhere. Employers are given a goal, which states the ratio of minority-to-non-minority workers the company should aim to achieve. Employers who attempt to meet this goal by providing an equal opportunity to all workers, regardless of status (protected or not), are not penalized for falling short of the goal.

Reverse Discrimination

There is some debate that the introduction of affirmative action has created a policy of reverse discrimination, in which employers will sometimes hire a minority worker over a more qualified non-minority in order to meet an affirmative action "quota." According to the U.S. Department of Labor, this is equally prohibited under the affirmative action laws as it is also considered a discriminatory practice.

References

• United States Department of Labor: Facts on Executive Order 11246 --- Affirmative Action
• The National Archives: Teaching With Documents: The Civil Rights Act of 1964 and the Equal Employment Opportunity Commission
• The U.S. Equal Opportunity Commision: Federal Laws Prohibiting Job Discrimination Questions and Answers