Criteria That Can Get the Employer in Trouble

Examples of job criteria that have been found to discriminate against certain groups include:

• height and weight standards (which may adversely impact women and members of certain ethnic groups);
• fluency in the English language (which may adversely impact members of certain national-origin groups);
• standards relating to arrest and conviction records (which may adversely impact members of certain racial and ethnic groups);
• standards relating to history of garnishment (which may adversely impact members of certain racial and ethnic groups)

Remember, an employer can still make use of such criteria if it can show that the qualifications measured are necessary for successful performance of the job.