Human Resources: Legal Do’s and Don’ts for the Hiring Manager

The Facts - Major US Anti-Discrimination Laws

Title VII of the Civil Rights Act of 1964 prohibits an employer from discriminating against an individual on the basis of race, color, religion, sex, national origin and religion with respect to hiring, discharge, compensation, promotion, classification or other terms, conditions and privileges of employment.

Any employment related decisions based on the above characteristics are illegal.
The Americans with Disabilities Act (ADA) prohibits discrimination against qualified individuals with a physical or mental disability.
The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against employees and job applicants over the age of 40 with respect to terms and conditions of their employment on account of their age.
In California, FEHA (Fair Employment and Housing Act) also includes Sexual Orientation as a protected classification.

The law provides protection from harassment or discrimination in employment because of

Race

Color

Sex

Ancestry

Religion

Age

Marital Status

Physical Disability

Mental Disability

National Origin

Medical Condition

Veteran Status

Sexual Orientation

Questions you should NOT ask while conducting an interview

Questions dealing with age:

How old are you? When were you born?

Questions dealing with Marital Status:

Are you married? Do you intend to get married soon?

Questions dealing with ethnic origin:

What's your nationality? What language do you speak at home?

Questions dealing with religions:

What church are you a member of? Is that a typical Christian name?

Questions dealing with sexual orientation:

Are you a member of any gay or lesbian groups? Are you straight?

Questions dealing with disability:

Do you have any health problems? When were you in a hospital?

Questions dealing with veteran status:

What kind of discharge did you get from the military?

Questions dealing with race:

What race do you consider yourself?

Stanford University has a strong policy of equal employment opportunity and nondiscrimination. Stanford does not discriminate on the basis of sex, race, age, color, disability, religion, sexual orientation, or national and ethnic origin; it is the policy of Stanford University to provide equal employment opportunities to all applicants and employees in compliance with all applicable laws. This basic policy applies in all employment relationships.