What are US Workplace Discrimination Laws

Labor law in the USA

2. What are the basic rules when hiring employees in the USA?


2.1 Prohibition of discrimination according to U.S. Employment Law

When hiring employees, companies according to U.S. Labor law obliges to make the respective job requirements transparent. It is forbidden to discriminate on the basis of gender, race, age, marital status or religion. In addition, the U.S. Federal Americans with Disabilities Act (“ADA”) and similar federal laws provide employers with discrimination against applicants with disabilities who are otherwise qualified for the position and also require employers to adequately consider the specific needs of disabled applicants during the application process.

Employment decisions must be made on the basis of job-related criteria such as education, work experience and skills, and hiring managers should be well trained on lawful (i.e. non-discriminatory) interview criteria. Questions like "Are you married?" or "Are you a Christian?" or "How old are you?" can provide the basis for expensive civil litigation and official measures.

Job descriptions should therefore describe the job being offered and include salary, other services, job requirements and qualifications as well as employment conditions, e.g. "6-month contract" or "full-time position". In particular, applicants should be informed about all requirements for employment, such as drug screening, availability for overtime, training / probationary periods or requirements for physical mobility.

2.2 U.S. data protection Workers

In addition, the data protection laws regulate not only the hiring process, but every aspect of the professional career up to the termination / dismissal. And also the employer's obligations if the employer carries out background checks during the recruitment process ("Background checks") carries out the work itself or has it carried out by the provider are governed by state and federal laws. For example, it is provided that the potential employer will obtain consent from the applicants / employees and inform them to a certain extent.

2.3 Visa requirements for foreign employees in the USA

Companies wishing to hire or post foreign nationals in the United States must apply for visas for these employees. The ever-changing policy framework for immigrant and non-immigrant work visas means that employers often have to pursue a variety of strategies in order to achieve their HR goals.

There are a number of non-permanent visas for foreign workers, including business travel, training and in-house posting visas, as well as visas for special professional groups; and on the other hand, immigrant visas, which usually take longer to obtain, but which can lead to permanent residence status, which can be beneficial for both employers and employees.

Award criteria, application requirements, processing times and benefits for accompanying family members vary depending on the visa classification. Of course, it is strongly recommended that compliance with immigration laws be given high priority.