Chapter 2

RECRUITMENT & HIRING

-         Employers have the right to select employees on the basis of job-relevant knowledge, ability, and skill.  Employers should compare worker qualifications (objective, job-related standards) in recruitment, hiring, and promotion.

-         Both Federal & State laws prohibit employment discrimination on the basis of race, color, sex, religion, national origin, ancestry, mental or physical disability, marital status, and age over 40

-         The California Labor Code additionally prohibits discrimination on the basis of medical condition (pregnancy or HIV positive), sexual orientation, or prior arrest record not resulting in conviction.

-         The 1972 Federal Equal Opportunity Act is administered by the Equal Opportunity Commission (EEOC) and enforces anti-discrimination laws.

-         The California Fair Employment and Housing Act (FEHA) is administered by the Department of Fair Employment and Housing (DFEH) and enforces State laws. 

-         IRCA – Immigration Reform and Control Act  - Requires employers to verify that persons they hire are legally authorized to work in the nation.

-         Restrictions on Employment of minors – Child labor laws impose restrictions on persons under the age of 18 working on farms.  Generally they are barred from work with dangerous machinery, hazardous substances, or in dangerous settings.  Minors may not work at all during the hours when local public schools are in session.  Exception = When a minor’s parent is incapacitated (or death – desertion of a parent) and the family needs the minors earnings – graduation from elementary school.

-         FLC – Farm labor contractors serve as intermediaries between farmers needing work performed and workers who perform agricultural tasks.  BEWARE OF JOINT LIABILITY!