What Are My Rights During the Application Process?
No Discrimination in Hiring Process
It does not matter if you are a hired as an employee yet or if you are a fully hired employee, you have the right to be free from employment discrimination. During the job application process, federal and state anti-discrimination laws protect applicants—like you— from discrimination.
In particular, under Title VII of the Civil Rights Act of 1964 and other federal laws it is illegal for an employer to discriminate against applicants on the basis of race, color, religion, sex, national origin, age, disability, and genetic information. Moreover, under Equal Pay Act of 1963 employers must pay men and women unequally despite performing substantially similar work.
These protections mean that the following types of application or interview questions are generally improper:
- “How long have you lived in the U.S.?”
- “Where were you born?”
- “Are you a U.S. citizen?”
- “What is your native language?”
- “Who do you live with?”
- “What is your marital status”
- “Do you plan to have a family?”
- “What are the ages of your children?”
- “Who cares for your children?”
- “Who will care for your children when you are sick?”
- “Are you pregnant?”
- “Are you disabled?”
- “Do you have a disability?”
- “Do you have any genetic diseases?”
- “How old are you?”
- “What religious holidays do you observe?”
- “Does your religion prevent you from working weekends?”
- “What is your religious affiliation or parish?”
- Questions asked for the purpose of determining race, color, religion, sex, national origin, age, disability, or genetic information.
- Questions or comments about applicant’s race or color concerning color of skin and complexion.
Proper interview questions can be:
- “Are you at least 18 years of age?”
- “When did you graduate from high school/ college/ grad school?”
- “Do you have a legal right to remain in the U.S.?”
- “Who referred you for a position here?”
- “What languages do you speak/ understand/ write with fluency?”
- “Are you able to work nights/ weekends?”
- “On occasion overtime work is required. Can you work outside your regular scheduled hours?”
Employment claims in Florida are very complex due to the many exceptions and calculations under the law. Our Miami attorneys have years of experience litigating claims of employment issues, discriminatory conduct, sexual harassment, and retaliation claims. Our attorneys work together as a team and we have recovered millions on behalf of our clients who were cheated out of the money they earned and for individuals discriminated against at the workplace. Working together with our New York City and Philadelphia discrimination and sexual harassment attorneys, we have recovered millions on behalf of our clients who were discriminated against because of their gender or other protected status under Federal and state law.
If you feel like your employer is not following the law or that you have been discriminated against, please call us today at 1-305-946-1884 or contact our Miami employment attorneys online by filling out the contact form at the top right of this page. We offer free consultations and would love to see how we can help you.
Our Florida office is located in downtown Miami and serve individuals and employees throughout Miami-Dade County, Broward County, Palm Beach County, Monroe County, Orange County, in Orlando, Naples, Sarasota, Tampa, Jacksonville, Fort Myers, Cape Coral, Gainesville, and locally in Miami, Miami Beach, Brickell, South Miami, Miami Lakes, North Miami, North Miami Beach, South Beach, Coral Gables, Aventura, Kendall, Doral, Hialeah, Florida Keys, Key West, Fort Lauderdale, Hollywood, Davie, Pembroke Pines, Plantation, Sunrise, Coral Springs, Pompano, West Palm Beach, Palm Beach, Boca Raton, Palm Bay, and, Florida.