Report

The Hiring Process

 
Federal law prohibits an employer from making intentional hiring decisions based upon an applicant's race, color, religion, sex, national origin, age or disability. Nevada law also prohibits discrimination based upon sexual orientation, or gender identity or expression. See NRS § 613.330. In addition, an employer cannot discriminate against a woman because of her pregnancy or ask pregnancy-related questions. Further, any hiring method that has an adverse impact on a protected employee group (race, color, age, etc.) even though neutral and facially nondiscriminatory, is unlawful unless the method is job- related and consistent with business necessity. It is not unlawful to hire employees on the basis of religion, sex, national origin or age if those characteristics are bona fide occupational qualifications ("BFOQ") of the job and reasonably necessary to the normal operation of the employer. To establish a BFQO defense, an employer must prove: (1) a relationship between the classification and job performance; (2) the necessity of the classification for successful performance; and (3) that the job performance affected is the essence of the employer's business operation. For example, gender-based staffing can be a BFOQ when it is necessary for therapeutic care of privacy concerns. See Healey v. Southwood Psychiatric Hosp., 78 F.3d 128 (3rd Cir. 1996). Courts, however, do not favor BFQO defenses and construe them very narrowly.

Faculty

Shannon S. Pierce

Shannon S. Pierce

Fennemore Craig, P.C.

Agenda

Faculty

Shannon S. Pierce

Shannon S. Pierce

Fennemore Craig, P.C.

  • Of counsel with Fennemore Craig Jones Vargas
  • Practices primarily in the areas of employment defense and commercial litigation
  • More than a decade of experience litigating on behalf of management concerning claims of employment discrimination, wrongful termination, leaves of absence, and other traditional employment and commercial litigation
  • Frequent speaker and has written numerous publications
  • Recipient of Witkin award in employment law
  • J.D. degree, Order of the Coif, Santa Clara University School of Law; B.S. degree, California Polytechnic State University
  • Can be contacted at 775-788-2260 or [email protected]

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

  • Live Webinars
  • OnDemand Webinars
  • MP3 Downloads
  • Course Manuals
  • Audio Recordings*
  • Executive Reports
  • White Papers and Articles
  • Sponsored Live Webinars

Additional benefits include:

  • State Specific Credit Tracker
  • Members Only Newsletter
  • All-Access Pass Course Concierge

* For audio recordings you only pay shipping

Questions? Call 877-296-2169 to speak with a real person.

Sign Up Today
With This Course

Access to all training products $699/year

Unlimited Lorman Training

With the All-Access Pass there is no guessing what you will need for your yearly training budget. $699 will cover all of your training needs for an entire year!

Easy Registrations

Once you purchase your All-Access Pass you will never be any further than one-click away from attending any Lorman training course.

Invest in Yourself

You haven't gotten to where you are professionally by luck alone; it's taken a lot of hard work and training. Invest in yourself with the All-Access Pass.