Legal Context of Staffing

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Legal Context of Staffing
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Major Laws

• United States Constitution
• Civil Rights Act 1866, 1964, 1991
• Age Discrimination in Employment Act, 1967
• Immigration Reform and Control Act, 1986
• Americans with Disabilities Act, 1990
• Genetic Information Nondiscrimination Act ,2008
• Laws Enforced by EEOC

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US Constitution

• Commerce Clause Congress regulates interstate
  commerce provides federal reach into employment
  practice
• 1st Freedom of Speech, of the Press, of
  Religion, of Peaceable Assembly, Petition
  government for redress of grievances
• 4th Amendment prohibits unreasonable search,
  need for probable cause
• 5th Amendment fair and speedy trial, due
  process, right to silence
• 11th Amendment Federal judiciary has no role in
  disputes of citizens with states or with foreign
  powers - requires legal issues with states to be
  resolved in state courts, federal issues to be
  resolved in federal courts
• 14th Amendment all born or naturalized are
  citizens equal protection due process
  guaranteed
• 19th Amendment Women have the right to vote
• The United States Constitution

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Civil Rights Acts

• 1866 All persons shall have the right to make
  and enforce contracts as enjoyed by white people
  becomes 14th Amendment to Constitution
• 1964 Title VII - Employers may not use race,
  color, religion, sex, or national origin to
  discriminate in employment decisions
• Title VII of the Civil Rights Act of 1964
• 1991 revises procedural details, nature of
  evidence and the range of remedies available
• Civil Rights Act of 1991
• Lilly Ledbetter Fair Pay Act of 2009

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Age Discrimination in Employment Act

• Prohibits discriminating on age in employment if
  the person is 40 or more years old
• The Age Discrimination in Employment Act of 1967
  (ADEA)

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Americans with Disabilities Act

• Prohibits employers from using nonjob-related
  disabilities against people in hiring
• Requires employers to consider applicants and
  employees with or without a reasonable
  accommodation related to a disability
• Prohibits employers from inquiring about a
  disability during employment screening
• Titles I and V of the Americans with Disabilities
  Act of 1990 (ADA)
• The ADA Amendments Act of 2008

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Immigration Reform and Control Act

• Builds on CRA 1964 national origin
  nondiscrimination
• Requires employers to certify that applicants
  have legal right to work in the United States
• Employers may be fined if they knowingly hiring
  worker who does not have legal right to work in
  US
• National Origin Discrimination IRCA 1986

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Genetic Nondiscrimination

• Prohibits using genetic information for
  employment screening
• Genetic Information Nondiscrimination Act of 2008