All Forth Recruiting, Inc. clients comply with state, federal, and local laws and regulations concerning hiring new employees. Forth attempts to provide as much information in this regard as is practical. Applicants with specific questions or concerns are encouraged to discuss them with your prospective employer or by calling Forth at (818) 546-5868 or by emailing rob@forthrecruiting.com. The U.S. Equal Employment Opportunity Commission enforces Federal laws prohibiting employment discrimination. These laws protect you against employment discrimination when it involves:

• Unfair treatment because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information.

• Harassment by managers, co-workers, or others in your workplace because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information.

• Denial of a reasonable workplace accommodation that you need because of your religious beliefs or disability.

• Retaliation because you complained about or assisted with a job discrimination investigation or lawsuit.

If you believe you have been discriminated against at work, you can file a “Charge of Discrimination.” All the laws enforced by EEOC, except for the Equal Pay Act, require you to file a Charge of Discrimination with us before you can file a job discrimination lawsuit against your employer. In addition, an individual, organization, or agency may file a charge on behalf of another person to protect the aggrieved person’s identity.

Not all employers are covered by the laws we enforce, and not all employees are protected. This can vary depending on the type of employer, the number of employees it has, and the type of discrimination alleged. Also, you should be aware of strict time limits for filing a charge. Because of this, we strongly urge you to read the following information to help determine your rights and what action you need to take.

The following is a summary of EEOC-prohibited policies concerning most job applicants. For more information regarding your rights, please visit the EEOC website at https://www.eeoc.gov/.

Prohibited Employment Policies/Practices
Under the laws enforced by EEOC, it is illegal to discriminate against someone (applicant or employee) because of that person’s race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability, or genetic information. It is also illegal to retaliate against a person because he or she complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

The law forbids discrimination in every aspect of employment.
The laws enforced by EEOC prohibit an employer or other covered entity from using neutral employment policies and practices that have a disproportionately negative effect on applicants or employees of a particular race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), or national origin, or on an individual with a disability or class of individuals with disabilities, if the polices or practices at issue are not job-related and necessary to the operation of the business. The laws enforced by EEOC also prohibit an employer from using neutral employment policies and practices that disproportionately negatively impact applicants or employees age 40 or older if the policies or practices at issue are not based on a reasonable factor other than age.

Job Advertisements
It is illegal for an employer to publish a job advertisement that shows a preference for or discourages someone from applying for a job because of his or her race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.

For example, a help-wanted ad that seeks “females” or “recent college graduates” may discourage men and people over 40 from applying and may violate the law.

Recruitment
It is also illegal for an employer to recruit new employees in a way that discriminates against them because of their race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability, or genetic information.

For example, an employer’s reliance on word-of-mouth recruitment by its predominantly Hispanic workforce may violate the law if the result is that almost all new hires are Hispanic.

Application & Hiring
It is illegal for an employer to discriminate against a job applicant because of his or her race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability, or genetic information. For example, an employer may not refuse to give employment applications to people of a certain race.

An employer may not base hiring decisions on stereotypes and assumptions about a person’s race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability, or genetic information.

Suppose an employer requires job applicants to take a test. In that case, the test must be necessary and related to the job. The employer may not exclude people of a particular race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, or individuals with disabilities. In addition, the employer may not use a test that excludes applicants age 40 or older if the test is not based on a reasonable factor other than age.

Suppose a job applicant with a disability needs accommodation (such as a sign language interpreter) to apply for a job. In that case, the employer must provide it, so long as the accommodation does not cause the employer significant difficulty or expense.

Pre-Employment Inquiries (General)
Generally, the information obtained and requested through the pre-employment process should be limited to those essential for determining if a person is qualified for the job. In contrast, information regarding race, sex, national origin, age, and religion is irrelevant in such determinations.

Employers are explicitly prohibited from making pre-offer inquiries about disability.

Although state and federal equal opportunity laws do not clearly forbid employers from making pre-employment inquiries that relate to, or disproportionately screen out members based on race, color, sex, national origin, religion, or age, such inquiries may be used as evidence of an employer’s intent to discriminate unless some business purpose can justify the questions asked.

Therefore, inquiries about organizations, clubs, societies, and lodges of which an applicant may be a member or any other questions that may indicate the applicant’s race, sex, national origin, disability status, age, religion, color, or ancestry, if answered, should generally be avoided.

Similarly, employers should not ask for a photograph of an applicant. If needed for identification purposes, a picture may be obtained after an offer of employment is made and accepted.

Job Referrals
It is illegal for an employer, employment agency, or union to consider a person’s race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability, or genetic information when making decisions about job referrals.

Job Assignments & Promotions
It is illegal for an employer to make decisions about job assignments and promotions based on an employee’s race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability, or genetic information. For example, an employer may not prefer employees of a certain race when making shift assignments and may not segregate employees of a particular national origin from other employees or customers.

An employer may not base assignment and promotion decisions on stereotypes and assumptions about a person’s race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.

Suppose an employer requires employees to take a test before deciding about assignments or promotions. In that case, the test may not exclude people of a particular race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, or individuals with disabilities, unless the employer can show that the test is necessary and related to the job. In addition, the employer may not use a test that excludes employees age 40 or older if the test is not based on a reasonable factor other than age.

Pay And Benefits
It is illegal for an employer to discriminate against an employee in the payment of wages or employee benefits based on race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability, or genetic information. Employee benefits include sick and vacation leave, insurance, access to overtime and overtime pay, and retirement programs. For example, an employer may not pay Hispanic workers less than African-American workers because of their national origin, and men and women in the same workplace must be given equal pay for equal work.

In some situations, an employer may be allowed to reduce some employee benefits for older workers, but only if the cost of providing the reduced benefits is the same as that of providing benefits to younger workers.

Discipline & Discharge
An employer may not take into account a person's race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information when making decisions about discipline or discharge. For example, suppose two employees commit a similar offense. In that case, an employer may not discipline them differently because of their race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability, or genetic information.

An employer may not choose the oldest workers when deciding which employees will be laid off because of their age.

Employers may not discriminate when deciding which workers to recall after a layoff.

Employment References
It is illegal for an employer to give a negative or false employment reference (or refuse to give a reference) because of a person’s race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.

Reasonable Accommodation & Disability
The law requires that an employer provide reasonable accommodation to an employee or job applicant with a disability unless doing so would be significantly difficult or expensive.

Reasonable accommodation is any change in the workplace (or how things are usually done) to help a person with a disability apply for a job, perform the job duties, or enjoy the benefits and privileges of employment.

Reasonable accommodation might include, for example, providing a ramp for a wheelchair user or providing a reader or interpreter for a blind or deaf employee or applicant.

Reasonable Accommodation & Religion
The law requires an employer to reasonably accommodate an employee’s religious beliefs or practices unless doing so would cause difficulty or expense for the employer. This means an employer may have to make reasonable adjustments at work that will allow the employee to practice his or her religion, such as allowing an employee to swap shifts voluntarily with a co-worker so that he or she can attend religious services.

Training & Apprenticeship Program
It is illegal for a training or apprenticeship program to discriminate based on race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability, or genetic information. For example, an employer may not deny training opportunities to African-American employees because of their race.

In some situations, an employer may set age limits for participation in an apprenticeship program.

Harassment
It is illegal to harass an employee because of race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability, or genetic information.

It is also illegal to harass someone because they have complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

Harassment can be slurs, graffiti, offensive or derogatory comments, or other verbal or physical conduct.

Sexual harassment (including unwelcome sexual advances, requests for sexual favors, and other conduct of a sexual nature) is also unlawful. Although the law does not prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal if it is so frequent or severe that it creates a hostile or offensive work environment or if it results in an adverse employment decision (such as the victim being fired or demoted).

The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employer employee, such as a client or customer.

Harassment outside of the workplace may also be illegal if it is related to the workplace. For example, a supervisor harassing an employee while driving the employee to a meeting may be illegal.

Read more about harassment.

Terms & Conditions of Employment
The law makes it illegal for an employer to make any employment decision because of a person’s race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability, or genetic information. That means an employer may not discriminate when it comes to such things as hiring, firing, promotions, and pay. It also means an employer may not discriminate, for example, when granting breaks, approving leave, assigning workstations, or setting any other term or condition of employment - however small.