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Discrimination During the Interview or Hiring Process


Employers Cannot Discriminate Against You During the Hiring Process Due to Your Race, Color, Gender, or Other Protected Class Status.

Discrimination during the hiring process occurs when a potential employer denies you a job due to your race, gender, color, religion, national origin, age, or other protected class status. They can deny you the right to an application or an interview, ask you inappropriate questions during the interview process, or otherwise refuse you the right to work based on these protected reasons.

You have the right to a fair hiring process when looking for work. You deserve an employment discrimination lawyer who will help you stand up for your rights. You deserve an advocate that will give your voice the chance to fight.

What Is Discrimination During the Hiring Process?

Discrimination during the hiring process can occur at any point when you are looking for work. Employers can deny you an application based on the color of your skin. They can ask inappropriate questions during the interview (such as your age or how many children you have). They can use these answers to deny your work. They can skip over your application review because your name is feminine, and they want to hire men.

However, it occurs, discrimination during the hiring process is illegal. Many federal and state laws prohibit discrimination against employees and job seekers based on the following characteristics:

Using any of these characteristics to make hiring decisions violates the law. Employment decisions should be based on a job seeker’s ability to do a job and their interview skills. An employer should not judge you on protected characteristics during the hiring process.

Can an Employer Advertise for Employees with Specific Characteristics?

Discrimination in hiring extends to advertising for an employment opportunity. Under most circumstances, an employer cannot advertise that only specific types of people apply for a job. For instance, a shoe store cannot advertise that they are looking for women under age 30 to apply for a store associate position. Being a woman under a certain age is not a necessity to sell shoes.

Is There Ever a Time an Employer Can Require Applicants Have Specific Physical Traits?

Sometimes an employer may require a person to have certain traits to get a job. This reason is known as a bona fide occupational qualification (BFOQ). Some examples of BFOQs may include the following:

  • An all-women’s gym may have the right only to hire women as part of the employment needs.
  • An LGBTQ bar may choose only to hire LGBTQ employees to meet the needs of their client base.
  • Religious organizations typically only hire people of that religion due to the nature of the business.

If you think you were refused a job based on your protected class status without a BFOQ, contact a discrimination lawyer to help you fight for your rights.

How Can You File a Complaint About Discrimination in the Hiring Process?

If you are the victim of employment discrimination as a job seeker during the interview and hiring process, you have rights under federal and state laws. Under Federal law, you may file a charge with the Equal Employment Opportunity Commission (EEOC). Federal laws protect job applicants of companies with 15 or more employees. You can file your claim within 180 days to 300 days, depending on your state.

Many states follow a similar process. You can file a claim with most state agencies within 180 days to several years. Often, state laws protect job applicants of companies with as few as one employee to 15 employees or more.

To determine the best laws and time frames suited for your claim, contact an experienced employment discrimination attorney in your state.

Can an Interviewer Punish You for Questioning Hiring Practices?

You have a right to refuse to answer a question that you feel is unfair or inappropriate. You have the right to stand up against sexual harassment during the interview process. Your interviewer does not have the right to refuse employment because you spoke your mind. If an employer refused employment for this reason, it may be a sign of retaliation in the hiring process.

How Can You Prove Discrimination in the Hiring Practice?

Proving discrimination in hiring requires proof that an employer used inappropriate information to make a hiring decision. There are three ways to prove that an employer did not hire you based on protected class status or retaliation instead of any legal reason to refuse employment.

Direct Evidence

Direct evidence occurs when an employer says or puts in writing that he did not hire you because of your gender, race, religion, color, or other protected characteristics. For instance, you may receive an email from the hiring manager. The email may state that they appreciate meeting you. However, they are looking for a younger workforce to help the business move forward. You are over 40.

Disparate Evidence

Disparate evidence is also known as indirect evidence or circumstantial evidence. It occurs when you can show a connection between your answers to questions or information obtained during an interview or application process and the employer’s refusal to hire you. For instance, you may provide your age on an application. You interview for the job. You then learn a younger person with fewer qualifications than you is offered the position.

Policy Evidence

Policy evidence can show discrimination in the hiring process. A company policy may say that it only hires women as cashiers. Having a woman as a cashier is not an occupational qualification. Instead, it is a company preference.

What Kind of Compensation Is Available to Victims of Discrimination in Hiring?

When you sue an employer for discrimination in the hiring process, you are looking for compensation for your hardship. You may request the following remedies from your employer through the court:

  • Revamping company policies
  • Future pay
  • Pain and suffering
  • Emotional distress
  • Punitive damages
  • Attorney’s fees
  • Court fees

How Can an Employment Discrimination Attorney Help Your Case for Discrimination in Hiring?

If you get denied a job based on your race, religion, gender, age, or other protected class reason, you have a right to fight back and demand justice. A discrimination lawyer can help you stand up against the treatment and receive the justice you deserve.

Working with a discrimination lawyer can help ensure you file your claim under the laws best suited for your situation. They can help you negotiate a settlement from the moment you decide to file a complaint. They will advocate for your rights from the second the claim gets filed until you reach an agreement with the other side. If you never reach an agreement, your lawyer will stand by your side as you fight for your rights throughout the litigation process.

Contact Our Experienced Employment Discrimination Attorneys for Your Free Consultation

No one should have to worry about whether their race, religion, national origin, age, or other protected class status will affect their ability to obtain a job. If you are a victim of employment discrimination during the hiring process, the Derek Smith Law Group’s experienced lawyers can help.

Did You Get Denied a Job Because of Your Race, Gender, Religion, National Origin, Age, or other Protected Class Status? Do You Want to Know More About Your Rights During the Hiring Process? Please Call 800.807.2209 or Email with Your Questions.

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