When an employer puts up a job posting or runs an employment advertisement on television, they may state that they are an “equal opportunity employer.” They encourage anyone to apply for the advertised position, and they want potential applicants to know that everyone will have the same opportunity to land the job. The company is simply seeking the best candidate with the top qualifications.
This is a good stance for companies to take, but you may find yourself wondering why they do it. After all, discrimination in hiring is already illegal. Don’t companies have no choice but to be equal-opportunity employers? The Civil Rights Act of 1964 already defines protected classes and states that discrimination is illegal when it targets people based on things like gender, sex, race, religion, national origin or age.
Why would employers make a point of simply declaring that they are following the law? Shouldn’t every employer be doing so?
There are some exceptions
The thing to keep in mind is that there are some exceptions and certain organizations don’t necessarily have to offer an equal opportunity in all situations.
One common example is that of a religious organization. These organizations may not be allowed to discriminate based on things like age or gender, but they may be exempt from religious discrimination. The law allows for this when religion is a fundamental part of the organization itself. It makes sense that the organization wants to hire others who adhere to the same religion.
That said, these exceptions are rare and can sometimes even be applied incorrectly. Workers who experience discrimination must know what options they have so that they can fight back and protect their future.