- Employer advertising for recruitment purposes should not express a preference for job candidates based on the prohibited factors. Due to the possibility of discrimination, employers must not require a photograph of an applicant to be submitted before employment. Once hired, however, the employee can be required to have a photograph taken for security identification. Similarly, employers may not inquire about membership in outside associations that would provide information that could be used to discriminate.
- Discrimination due to disability or religion is also illegal. Employers are required to make reasonable accommodations for disabled workers. They must also provide reasonable accommodations for employees to practice their religion, such as schedule or workplace modifications. An employee cannot be forced to attend or participate in a religious event for work reasons. Furthermore, employers cannot discriminate against an employee due to a spouse's religion. Employers are not required to accommodate for these conditions if it would cause undue hardship or compromise safety.
- In 2008, President George Bush signed the Genetic Information Nondiscrimination Act. This law prohibits employers or health insurance companies from discriminating based on genetic information. Lawmakers were concerned that information about potential health problems detected by new genetic testing technologies could be used to deny citizens health insurance or employment opportunities. The law was not only designed to protect citizens, it was also passed to ease concerns about genetic research slowdowns due to fears of misuse.
- Laws prohibiting discrimination based on the gender of a job applicant or employee also prohibit discrimination due to pregnancy. Work assignments, promotions and pay must not be determined based on sex, age or any of the other prohibited characteristics. The law also protects workers over the age of 40 from discrimination solely due to age. There are instances, however, that would allow an employer to set an age limit on internships.
- Like hiring and promotions, employees cannot be discharged because of race, color, religion, sex, national origin, age, disability or genetic information. The human resources department must establish and enforce policies requiring documentation of reasons for employee discharges to ensure no rules are violated in the discharge process. Furthermore, employers should take care to ensure the workplace has not been made intolerable in an effort to coerce an employee to resign for any prohibited reason.
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