Weird laws you may encounter during hiring in the U.S.
Some laws are implemented to ease bias in hiring, while others are just strange. Let's get into all the weird laws you may encounter as a job seeker.
Back to TopIf you've ever wondered if there are hiring laws you might not know about, this shareable infographic and companion article cover some of them in detail.
When you're trying to hire or get hired, laws probably aren't the first thing that comes to mind. You're likely more concerned with cover letters, resumes or interviews! Sure, some fundamental laws come into play that protect job seekers or others that employers use during separations, like COBRA for health insurance. But there are many more that you may never learn about unless they directly affect you.
Today, we are exploring "weird" laws, which are defined as ones you may not be aware of that exist either to ease bias in hiring or are just surprising.
Ban the Box Laws
At one time, employers were fully entitled to ask about a candidate's criminal history on initial job applications. Today, over 35 states prohibit asking about it, including: California, Colorado, Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington.1
These laws don't mean that criminal history won't come up later during hiring, but allowing candidates with that kind of history to delay providing the information allows them to present their other shining attributes first, giving them a fair chance in the market.
Genetic Information Nondiscrimination Act
Genetic information is defined as "Information about an individual's genetic tests and the genetic tests of an individual's family members, as well as information about the manifestation of a disease or disorder in an individual's family members (i.e., family medical history)."2
Suppose you haven't experienced genetic information discrimination. In that case, it can look like this: An employer who thinks a current or potential team member presents a heightened risk of disease or disability decides not to hire or to fire unjustly. There are other manifestations, but that one's less nuanced than the others.
Off-Duty Protections
In California, Colorado, New York, and North Dakota3, your off-time is not your employer's business (when it comes to lawful activities).
The protections offered differ state to state; however, the general point is that they allow people to maintain certain habits or positions (substance use, political activity, opinions, etc.) or side hustles (run for public office, have another gig after work) without employer scrutiny or retaliation.
Salary History Bans
Have you ever had to fill out an application and disclose your past salary history? In 22 states, salary bans are active4,preventing that practice. These sorts of laws are extremely important, as not providing that information makes it more common for employers to offer salaries based on merit instead of past positions.
The CROWN Act
The last thing a job seeker should have to worry about is part of what makes them themselves. The CROWN Act, which takes different forms in different states, protects candidates from discrimination based on their natural hair. At the moment, 24states uphold the CROWN Act or similar laws.
Right to Sit Laws
Right to Sit laws "obligate employers to provide suitable seating for all workers, regardless of gender."6 They are currently in place in California, Florida, Massachusetts, Montana, New Jersey, Oregon and Wisconsin. Essentially, they provide accommodations for different types of professionals who need them.
Bone Marrow Leave
Per the U.S. Office of Personnel Management (OPM),7 people can take leave as a bone marrow or organ donor. Other states like Minnesota8, California9, Maryland10 and many others have this law in place too, to varying degrees. This can be a really great option for those who want to save lives and recover safely.
What weird laws have you navigated during your hiring or job-seeking journey? We'd love to help you with them!
*Beacon Hill is not responsible or able to provide legal advice or counsel and this article is not intended as such.
Sources and inspiration
- Ban the Box: U.S. Cities, Counties, and States Adopt Fair Hiring Policies
- Genetic Information Discrimination
- Employees and Off-Duty Conduct
- Salary history bans
- The CROWN ACT
- Is spending all day on your feet at work an occupational hazard?
- Fact Sheet: Bone Marrow or Organ Donor Leave
- 2024 Minnesota Statutes
- Organ and Bone Marrow Donor Leave Explained
- Maryland Law Provides Protected Organ and Bone Marrow Donation Leave – Do Your Policies to Comply?
