With a couple of new ideas regarding software design, Carol and Ray start a partnership that, with business success, becomes Pacific Applications Company. The company grows to include a staff of twenty-one employees. Over time, Pacific develops a new computer operating system. The firm signs licensing contracts with several computer manufacturers, but needs to double the number of its employees to fulfill those contracts. Is Pacific subject to federal antidiscrimination laws? If so, what should it consider in hiring new employees?

Question

What will be an ideal response?

Answer 1

Pacific is subject to Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990, each of which applies to employers affecting interstate commerce and having fifteen or more employees. Pacific is also subject to the Age Discrimination in Employment Act of 1967, which applies to employers with twenty or more employees. Under these laws, in hiring new employees, Pacific cannot discriminate against any applicant on the basis of race, religion, national origin, gender, age, or disability. A class of persons defined by one or more of these criteria is a protected class. Generally, Pacific's work force should reflect the diversity of the community in which Pacific is located. Pacific may exclude members of protected classes who are qualified applicants only if it has a reason that is genuinely related to an important job interest and only if no reasonable accommodation is possible. For most positions, such a claim would be hard to substantiate.