Antidiscrimination Laws as Limits on Screening
Federal antidiscrimination laws (Title VII, Equal Pay Act, ADEA, Pregnancy Discrimination Act, ADA, GINA) bar discrimination and indirectly limit what interviews and screening can ask. A key strategy is to avoid eliciting protected-class information and to ask all candidates the same questions.
How this supports CIPP/US study
Use this lesson to identify the disclosure, workplace or cross-border rule that changes the result in a fact pattern. Continue with the CIPP/US study plan.
| Law | Protected basis |
|---|---|
| Title VII (1964) | Race, color, religion, sex, national origin (EEOC extends to sexual orientation and gender identity) |
| Equal Pay Act of 1963 | Wage disparity based on sex |
| ADEA (1967) | Age (individuals over 40) |
| Pregnancy Discrimination Act of 1978 | Pregnancy, childbirth, related medical conditions |
| ADA (1990) | Disability (qualified individuals) |
| GINA (2008) | Genetic information |
| Bankruptcy Act 11 U.S.C. 525(b) | Persons who filed for bankruptcy (courts split on pre-offer application) |
Avoid questions that elicit protected-class membership (e.g., religious or national-origin organizations) and ask the same questions of all candidates. Asking only women how long they plan to stay raises pregnancy/sex-discrimination risk.
Protected-class info may be lawful where required by statute, where it is a bona fide occupational qualification, or where it becomes known for another nondiscriminatory reason.
Key terms - quick answers
What is “Title VII”?
What is “Equal Pay Act of 1963”?
What is “ADEA”?
What is “Pregnancy Discrimination Act of 1978”?
Sources and study method
This independent lesson uses active recall, spaced retrieval and scenario practice. Read the full study method.