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Hiring Ethical and Legal Implications

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Hiring Ethical and Legal Implications

Hiring Ethical and Legal Implications
Every business has the potential to succeed; however, many do not. The ability to hire and retain high-quality employees is one cornerstone to maintaining a successful business. The hiring process has many legal and ethical pitfalls that managers must avoid during their selection process. In addition to the moral quandaries managers face, their hiring decisions also have vast social implications. Hiring managers must make decisions without prejudice, discrimination, or stereotyping the candidate. Often the ethical dilemmas that present themselves are not obvious examples of prejudice or bias. A hiring manager must be able to recognize the potential for discrimination or bias and resist making decisions are unethical or morally unjust.
Legal Issues
The federal government prohibits several hiring practices. The Civil Rights act of 1964 “prohibits employment discrimination based on race, color, religion, sex, or national origin” (“Federal laws“, 2009, para. 1). Hiring managers cannot discriminate by age according to the Age Discrimination Act of 1963 (“Federal Laws“, 2009). In addition to those prominent acts, employers are also federally prohibited to discriminate against individuals with disabilities and based on genetic information (“Federal Laws“, 2009). Employers are also prohibited from choosing candidates based on their “birthplace, ancestry, culture, or linguistic characteristics common to a specific group” (“Federal Laws“, 2009, para. 12). A manager cannot discriminate based on religious affiliation. Additionally, employers cannot choose to pass on a female candidate if she is pregnant. Hiring managers must be aware of all of the laws and choose their questions carefully. If a hiring manager shows any sign of discrimination during the hiring process, it…...

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