The U.S. Equal Employment Opportunity Commission (EEOC) minority list includes Hispanics, Asians, African Americans, Native Americans, and Alaska Natives. However, the EEOC protects more than minorities.
The EEOC is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s protected class status. Protected class includes a person’s race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
The EEOC has 53 offices across the nation and provides information on employee rights on its website, eeoc.gov. Companies suspected of violating any of these laws may be investigated by the EEOC or become defendants in class-action or specific lawsuits. Clearly, it is important for you to be familiar with the laws that protect you from discrimination (your legal rights), and you should also know your organization’s diversity guidelines. On the application blank and during interviews, no member of an organization can legally ask discriminatory questions.
The two major rules of thumb to follow are: Every question that is asked should be job related. When developing questions, you should have a purpose for using the information. Only ask legal questions you plan to use in your selection process. Any general question that you ask should be asked of all candidates. A bona fide occupational qualification (BFOQ) allows discrimination on the basis of religion, sex, or national origin where it is reasonably necessary to normal operation of a particular enterprise.