Talent Acquisition Laws and Regulations- Part Two



Equal Pay Act of 1963 (EPA)

The Equal Pay Act prohibits sex-based wage discrimination between men and women in the same establishment who perform jobs that require substantially equal skills, effort, and responsibility under similar working conditions.

Federal Executive Order #11246

Signed into legislation in 1965, as amended, Federal Executive Order #11246 applies to federal contractors and subcontractors and federally-assisted construction contractors and subcontractors who engage in contracts exceeding $10,000 in a year. The Order requires the following:

  1. Prohibits discrimination in employment decisions based on race, color, religion, sex, sexual orientation, gender identity, or national origin.
  2. Requires contractors to take affirmative action to ensure that equal employment opportunity is provided in all aspects of employment.
  3. Prohibits federal contractors and subcontractors from, under certain circumstances, taking adverse employment actions against applicants and employees for asking about, discussing, or sharing information about their pay or the pay of their co‐workers.

Immigration Reform and Control Act of 1986 (IRCA)

Signed into law by President Ronald Reagan, the IRCA was the first significant revision to immigration laws in decades. The act prohibits the employment of illegal aliens and requires employers to ensure applicants are legally employable in the United States. Also, the IRCA requires employees to complete an Employment Eligibility Verification Form (I-9 Form).


Pregnancy Discrimination Act of 1978

An amendment to Title VII of the Civil Rights Act of 1964, the Pregnancy Discrimination Act prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions. Women affected by a pregnancy, childbirth, or related medical conditions, shall be treated the same as non-pregnant employees for all employment-related purposes including hiring, recruitment, job assignments, and promotions, as well as fringe benefits.


Fair Credit Reporting Act of 1970 (FCRA)

The FCRA promotes the accuracy, fairness, and privacy of information in the files of consumer reporting agencies (Federal Trade Commission, 2018). As it relates to employment, many employers obtain and utilize a consumer report to evaluate suitability for employment. The consumer report may include criminal records, credit reports, and other public records, such as civil court judgments. When employers obtain consumer reports on potential employees, they are subject to the Fair Credit Reporting Act legislation and are required to comply with the various notice and disclosure obligations.


Employee Polygraph Protection Act  (EPPA)

This Federal law prohibits most private employers from using lie detector tests, either for pre-employment screening or during the course of employment. Federal, state, and local governments are exempt from the Act. Polygraph tests, but no other lie detector test, is permitted under limited circumstances subject to certain restrictions.  Check local and state laws for similar provisions.


Fair Labor Standards Act of 1938 (FLSA)

The FLSA focuses on hourly wages, overtime compensation, child labor, and related issues. As it relates to talent acquisition, the FLSA defines federal minimum wage provisions and oversees child labor laws designed to ensure the employment of youth is safe and educational.