Can an Employee Discriminate in the Hiring Process?

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1) Can an employer discriminate in the hiring process? If so, how and when?
Yes. As an employer goes through the hiring process, there are many laws which prohibit discrimination. Among these, though, are conditional situations and laws which allow for various types of discrimination by the employer (or other covered entity) during the hiring process. Some of the permissible discrimination includes the following:
Age: the Age Discrimination in Employment Act (ADEA) protects those ages 40 and over, it does not protect those under 40. Employers may favor an older worker over a younger worker, even if both are 40 or over. Issues may arise, though, when both the individual making the hire and the applicant are over age 40. Examples of
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Basic steps for employers to take to prevent potential claims include 1) having a strong written policy in place on sexual harassment in which it is clearly stated as high priority; 2) being sure that any policy is distributed to all current and incoming employees as well as posting copies in office and break areas and; 3) provide multiple options to report harassment claims.
To expand on these prevention steps, the following should be taken into consideration by an employer in its efforts within the organization:
Create Policy/Provide Information: display posters and copies of the policy for employees in prominent areas with easy access to view as well as distribute informational sheets that define sexual harassment and other related information. Also, make the state and federal laws regarding harassment known, including examples. Further, employees should be aware of their right to report suspected harassment, multiple confidential means to do so, consequences of engaging in sexual harassment and that retaliation against them for bringing forth a report is unlawful.
Employee Training: conduct training at least annually for all employees in order keep current laws, policy, and additional information pertinent to all in the organization fresh in mind.
Keeping good documentation such as sign-in sheets for

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