International Assn. of Chiefs of Police
Legal Officers Section & Police Psychological Services Section
2001 Conference materials

The following list highlights those United Stated federal laws most likely to impact procedures for recruitment and hiring of law enforcement officers. States, counties, and municipalities may have equivalent or more-restrictive legislation addressing the same issues.

Title VII of the Civil Rights Act of 1964 - 42 USC 2000e

Title VII is the section of the federal Civil Rights Act most relevant to employment discrimination matters. Besides addressing traditional discrimination situations, it also is used by plaintiffs in reverse-discrimination situations. Note in particular its limits on affirmative action activities such as its prohibition against racially-adjusted test score cutoffs

Americans with Disabilities Act (ADA) - 42 USC 12101

Keep in mind "reasonable accommodation" both with respect to the job and with respect to the hiring/testing process. Also, note the requirement that pre-employment medical exams must be done after a conditional offer of employment. The need for medical information may impact other aspects of the hiring process. State government employment may be excluded by the 14^th amendment.

Rehabilitation Act of 1973 - 29 USC 701

Similar to the ADA, but linked to federal funding. May apply even when the ADA does not.

Age Discrimination in Employment Act (ADEA) - 29 USC 621

Employment decisions cannot be based solely on age. BUT, note the complicated exception for mandatory retirement and hiring ages for public safety positions.

Fair Credit Reporting Act (FCRA) - 15 USC 1681

If a review of applicant's credit history is part of an agency's background investigation, the agency may become legally defined as a "consumer reporting agency" and bound by the various notice and disclosure obligations.

Employee Polygraph Protection Act - 29 USC 2001

This Federal law applies to almost all private employment situations, but exempts almost all government employment from its requirements. Check local and state laws for similar provisions.

Family Medical Leave Act (FMLA) - 29 USC 2611

Employee must be permitted to leave and return if leave was due to certain defined family medical reasons. Does not require pay when on leave and does have other limitations on the benefit. State and local laws may increase the benefit and/or extend the terms.

Fair Labor Standards Act (FLSA) - 29 USC 201

This Act focuses on hourly wages, overtime compensation, and related issues. Not much direct impact on hiring procedures, but the procedures you use may help determine the status of the employee.

Equal Pay Act - 26 USC 206(d)

Equivalent job deserves equivalent pay, regardless of gender. Seniority and other gender-neutral factors are permissible.