Employee Manual 2023 - Flipbook - Page 87
to have a child at some future date, has the potential to become pregnant, or based on any
condition related to pregnancy. Furthermore, The Equal Pay Act (EPA) prohibits sex-based wage
discrimination in the same establishment who perform jobs that require substantially equal skill,
effort, and responsibility under similar working conditions.
Federal regulation also protects gay, lesbian, bisexual, and transgendered individuals against sex
discrimination, which includes adverse actions taken because of a person's failure to conform to
sex or gender stereotypes.
Age
The Age Discrimination Act of 1967 bars discrimination against persons age 40 or over. Any
recruiting effort that is age-biased such as "recent graduate", or any question during the interview
process that deters employment because of age is unlawful. Questions that would reveal age, such
as year of graduation, should be avoided unless there is a need to construct a chronology of work
or educational experience.
Citizenship/National Origin
Applicants are protected from discrimination based on their national origin. Questions related to an
applicants' national origin, such as their birthplace, ancestry, or origin of name, should be avoided.
Thus, you may not ask an applicant where they were born, or where their parents were born.
Prior to making an offer, the only discussion about citizenship status that may lawfully occur is
whether the applicant is currently eligible to lawfully work in the United States. If such a question is
asked of one applicant, it should be asked of all. Following the offer stage, the successful applicant
will be required to produce documentation of eligibility in order to complete the I-9 form
requirements.
Arrest or Conviction Records
Questions relating to an applicant's misdemeanor arrest record are improper, while questions of an
applicant's conviction record may be asked, if job related. If such an inquiry is deemed warranted
because of a particular position, all applicants should be treated equally, and it is advisable to
conduct a formal records check per City policy. The Equal Employment Opportunity Commission
and many states prohibit use of arrest records for employment decisions. Also, questions about a
candidate’s conviction records if included in the selection process must be asked of all applicants in
a consistent manner. Asking or obtaining criminal records in an inconsistent manner, based on
race, color, religion, national origin or sex of the applicant is unlawful under Title VII.
Financial Status
An interviewer should not ask if an applicant owns or rents a home or car, or if wages have been
previously garnished, unless financial considerations for the job in question exist. Any employer
who relies on consumer credit reports in its employment process must comply with the Fair Credit
Reporting Act of 1970 and the Consumer Credit Reporting Reform Act of 1996.
Disability
The Americans with Disabilities Act (ADA) and Michigan Persons with Disabilities Civil Rights Act
City of Plymouth Employee manual - Page 87 – March 2023
