When is an employer prohibited from using a neutral employment policy?

The laws enforced by EEOC also prohibit an employer from using neutral employment policies and practices that have a disproportionately negative impact on applicants or employees age 40 or older, if the policies or practices at issue are not based on a reasonable factor other than age.

Is it illegal for an employer to discriminate against a new employee?

It is also illegal for an employer to recruit new employees in a way that discriminates against them because of their race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.

Is it illegal to give a negative employment reference?

Employment References It is illegal for an employer to give a negative or false employment reference (or refuse to give a reference) because of a person’s race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.

Can a employer refuse to give an application to a certain race?

For example, an employer may not refuse to give employment applications to people of a certain race.

How are employees protected from a job change?

Employee Protections Against Job Changes. Employees are protected from changes in their job description that can be construed as retaliation by an employer in response to a worker exercising an employment right. For example, a whistleblower may have recourse if their job was changed after reporting a legal violation by their employer.

What happens if an employee fails to obtain a fitness for duty certification?

If an employee fails to submit a properly requested fitness-for-duty certification, the employer may delay job restoration until the employee provides the certification. If the employee never provides the certification, he or she may be denied reinstatement.