The 1992 Retaliatory Employment Discrimination Act
North Carolina legislation makes it illegal for an employer to discriminate based on traits for sickle cell, hemoglobin C, or other genetic information.
Title II of the Genetic Information Non-discrimination Act of 2008
Covers private employers with at least 15 employees (and labor unions, employment agencies; educational institutions; local, state, and federal governments). It prohibits discrimination based on genetic information; for example, refusing to hire any candidates because you are concerned their medical conditions would drive up the cost of employee health insurance.
The Age Discrimination in Employment Act (ADEA) of 1967
The ADEA prohibits employment discrimination against persons 40 years of age or older. Among other provisions, the ADAE makes it unlawful “to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual’s age” (29 U.S.C § 623 (a)(1)).
A business might be prone to claims under the ADEA if hiring managers have an automatic bias for young employees. Questions to avoid in job interviews include:
- When did you graduate from high school?
- How old are you?
The ADEA contains a bona fide occupational qualification exemption, and requires that the age discrimination must be “reasonably necessary to the normal operation of the particular business” (29 U.S.C § 623 (f)(1)).
Bona fide occupational qualifications allow for an employer to discriminate against employees and potential employees “on the basis of religion, sex, or national origin in those certain instances where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise” (42 U.S.C § 2000 (e)(2)). This exemption from employment discrimination liability does not allow the employer to discriminate based on race.
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