Question

Indicate whether or not each item is legal, based on federal law. If not legal, indicate which law/act is involved (abbreviations are fine; if more than one law/act, you only need to identify one).

A military veteran was not offered a job even though he/she met the qualifications.

A Seventh Day Adventist was not hired because he could not work on Saturdays due to his religious beliefs.

A man was not hired because it was known by members of the interview committee that he is bisexual.

An employee was asked not to wear apparel required by his religion because of a potential safety hazard.

A restaurant refused to hire any male employees with long hair.

A 50 year old male is not hired because he is older than the typical employee that the employer wishes to hire for his business.

A male over 40 is terminated for poor work performance.

A pregnant woman is terminated shortly after she tells her boss she is pregnant.

He expresses concern about her ability to perform some of the strenuous tasks of her job.

Answer 1

A military veteran was not offered a job even though he/she met the qualifications - NOT LEGAL according to the UNIFORMED SERVICES EMPLOYMENT and RE-EMPLOYMENT RIGHTS ACT (USERRA) of 1994

A seventh day Adventist was not hired because he couldn't work on Saturdays due to his religious beliefs - NOT LEGAL. Under title VII, the landmark federal civil rights law, employers cannot discriminate based on an employee's religion. It also requires employers to make reasonable accommodations for employees whose religious beliefs or practices conflict with workplace rules and requirements.

A man was not hired because it was known by the members of the interview committee that he is bisexual - Currently there is no federal law prohibiting discrimination against LGBT people. But employers should focus on employee's workplace performance instead of employee's status as bisexual.

An employee was asked not to wear apparel required by his religion because of a potential safety hazard - LEGAL. It can be stated as an example of business necessity defense.

A restaurant refused to hire any male employees with long hair : LEGAL according to title VII . It doesn't prohibit an employer from using gender as a basis for reasonable grooming codes

A 50 year old male is not hired because he is older than the typical employee that the employer wishes to hire for his business - NOT LEGAL as per AGE DISCRIMINATION IN EMPLOYMENT act of 1967

A male over 40 is terminated for poor work performance - LEGAL

A pregnant woman is terminated shortly after she tells her boss she is pregnant. - NOT LEGAL according to PREGNANCY DISCRIMINATION ACT passed. Though he expresses concern about her ability to perform strenoust tasks of her job, it is she who has to decide if she can do them or not. Boss cannot decide it for her.