As Hiring Practices Change, Employers Must Use Care Not to Discriminate

As the workplace evolves, both in how employers seek new hires, and the day-to-day performance of tasks, it is important that employees’ basic rights are respected and are not inadvertently violated with the changing times.

For example, when seeking new hires, several cases have challenged the use of certain criteria and targeting of certain demographics with job postings. Hiring only “digital natives” or screening out applicants who are not “digital natives” has come under fire as a violating age discrimination laws. Digital natives are those young enough to have been raised with technology, essentially screening out those over 40, who are referred to as “digital immigrants.” Pursuant to the Age Discrimination in Employment Act (ADEA) it is illegal to discriminate against job candidates and employees who are 40 years or older in terms of employment, such as hiring, firing, promotions, layoffs, benefits, and training.

Additionally, lawsuits are pending against companies who post job ads on social media targeting only certain demographics, thereby potentially illegally violating Title VII of the Civil Rights Act of 1964 by discriminating against older workers, workers of a particular gender, race or nationality.

Additionally, with the increase in “gig” employment and non-traditional jobs such as being a driver for Lyft/Uber, employers may wrongfully classify workers as independent contractors rather than employees. By misclassifying workers, employers may deny employees benefits such as minimum wage and overtime compensation.

For more information or if you believe you’ve been denied fair compensation or denied potential job opportunities due to discriminatory actions, please contact the experienced Georgia employment lawyers at Buckley Bala Wilson Mew LLP for an immediate case evaluation.

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