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2.3 Fine-tuning the selection process

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Discrimination in hiring practices does occur — as many discover to their dismay and frustration. The EEOC has found that the selection process itself contains more possibility for discrimination than any other area of hiring practice.

In an effort to deal with these problems, the EEOC has set up guidelines that employers are expected to follow:

• Selection procedures must be based on job-related standards. Criteria used to select employees must be demonstrably related to job performance. Only when gender is a “Bona Fide Occupational Qualification” (BFOQ) can it be used as a determinant in hiring.

• If discrimination in hiring is indicated, employers must be able to prove that they have, indeed, used valid hiring standards.

• Jobs cannot be classified by sex or any other discriminatory means, nor can there be separate sex-based lines of progression or seniority lists.

• Job opportunities must be advertised without indicating preference, limitation, specification, or discrimination because of sex or any other discriminatory measure unless there is a bona fide occupational qualification.

• In regard to pre-employment inquiries, all personnel involved in employment decisions are prohibited from asking questions that express a limitation, specification, or discrimination as to sex. An applicant may be asked to indicate his or her sex, provided the question is put in good faith that the information will not be used for discriminatory purposes.

Employee Management for Small Business

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