01-26-2005, 05:13 AM
That would be illegal in NZ. However the govt. covers all medical expenses here, not private company plans, so it's not really the same situation.
I would expect that it is illegal in America. Would be fair enough to say that they can't be covered medically by the company if the don't meet certain criteria, but not to judge hiring based on that criteria *UNLESS* that criteria was relevant to the job being at hand (e.g. health and fitness requirements for firefighters, asthmatics can't enter in NZ etc.)
In NZ, discrimination in employment is legal if and only if that discrimination is relevant to the position (e.g. A model for male clothes: Can discriminate against hiring a woman etc. Its the same type of rule that allows gender based sports events such as Womens tennis etc.)
http://www.hrc.co.nz/index.php?p=13862
[quote]Are there situations in which it is lawful to
select employees on the grounds listed in the Act ?
Yes, there are situations in which it is lawful to select employees on one of the grounds covered by the Act. These include:
* Genuine occupational qualifications: Sometimes being a particular age or sex is a genuine qualification for a job. For example: Bar staff must be over 18 years of age to serve liquor in licensed premises
* Domestic employment in a private household - except on the grounds of race, marital or family status
* Work outside New Zealand - in some situations
* Religious organisations and private schools: Eligibility for jobs with some religious organisations and schools may be restricted on the basis of sex or religion, but not on other grounds such as race or age
* Counselling: If the position involves counselling on highly personal matters, such as sexual matters or the prevention of violence, it is possible to discriminate on the grounds of sex, race, ethnic or national origins or sexual orientation
* Privacy: People of a particular sex can be employed for jobs such as the fitting of clothes in certain shops
* Youth rates: If an employer is paying youth rates, employees under 20 years of age can be selected.{\quote]
I would expect that it is illegal in America. Would be fair enough to say that they can't be covered medically by the company if the don't meet certain criteria, but not to judge hiring based on that criteria *UNLESS* that criteria was relevant to the job being at hand (e.g. health and fitness requirements for firefighters, asthmatics can't enter in NZ etc.)
In NZ, discrimination in employment is legal if and only if that discrimination is relevant to the position (e.g. A model for male clothes: Can discriminate against hiring a woman etc. Its the same type of rule that allows gender based sports events such as Womens tennis etc.)
http://www.hrc.co.nz/index.php?p=13862
[quote]Are there situations in which it is lawful to
select employees on the grounds listed in the Act ?
Yes, there are situations in which it is lawful to select employees on one of the grounds covered by the Act. These include:
* Genuine occupational qualifications: Sometimes being a particular age or sex is a genuine qualification for a job. For example: Bar staff must be over 18 years of age to serve liquor in licensed premises
* Domestic employment in a private household - except on the grounds of race, marital or family status
* Work outside New Zealand - in some situations
* Religious organisations and private schools: Eligibility for jobs with some religious organisations and schools may be restricted on the basis of sex or religion, but not on other grounds such as race or age
* Counselling: If the position involves counselling on highly personal matters, such as sexual matters or the prevention of violence, it is possible to discriminate on the grounds of sex, race, ethnic or national origins or sexual orientation
* Privacy: People of a particular sex can be employed for jobs such as the fitting of clothes in certain shops
* Youth rates: If an employer is paying youth rates, employees under 20 years of age can be selected.{\quote]