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Legal Context of Staffing

Legal Context of Staffing. 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

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Legal Context of Staffing

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  1. Legal Context of Staffing

  2. 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

  3. 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

  4. 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

  5. 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)

  6. 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

  7. 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

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

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