Discrimination during a hiring drive is illegal, but that doesn’t stop it from happening! A recent report published in Nasdaq showed that more than 55% of American employees say they’ve experienced workplace discrimination, and a higher number of people reported hiring discrimination.
Well, there’s nothing like an unbiased individual, and it’s natural for human beings to be biased. But as per the employment law, no employer can be biased and discriminate in its hiring process.
Were you denied a job because of your color, religion, marital status, race, or sex? Or do you suspect you were discriminated against during the hiring? Read this article to know what discrimination in the hiring process looks like, and explore your legal options.
What is Job Hiring Discrimination? Why Does it Happen?
Hiring or job interview discrimination happens when the company or hiring manager lets their opinions and prejudice stand out in the way of treating all interviewees fairly. If an employer doesn’t hire you because you belong to a certain race, color, or age group, that’s hiring discrimination.
There is a myriad of reasons why hiring happens during the hiring process. Either this could be because the hiring managers are biased toward a particular color or age group. For example, if an employer wants to hire white people only, or young workers under 35, they might discriminate during the hiring process.
Since it’s illegal to put such preferences in the hiring criteria, most employers practice discrimination at the time of hiring.
What Type of Discrimination Happens During the Hiring Process?
There are various types of discrimination that can happen during the hiring process. As an interviewee, you need to know about them to spot discrimination if it happens to you or your fellow candidates.
Below we’ve listed the common grounds employers use to discriminate against job applicants.
Treating an interviewee differently because they belong to a certain race or have a skin color is considered racial discrimination and is in contrast to fair employment. There are several federal civil rights laws, such as the Civil Rights Act of 1964, that forbid employers to discriminate against a person based on their race.
Racial discrimination can either result in the applicant not getting the job or getting a job the hiring managers think associates perfectly with the person’s race.
Denying hiring someone because of their age qualifies as age discrimination. Sometimes recruiters feel that a candidate is too old or too young to carry out a role, and not hiring them would be discriminating against them based on their age.
According to the law, it’s the experience of the candidate that a hiring manager should take into account when offering them a job.
There are several times when the employer has not discriminated against you based on age but has denied offering the job for obvious reasons. For example, if a job requires extreme strength and working on heavy machines continuously for hours, the managers may prefer young people.
In a nutshell, if the reason for not offering you the job is reasonable, then it does not qualify as discrimination during hiring.
Disability discrimination during the hiring process happens when the recruiter denies offering hiring opportunities based on a candidate’s disability status and other related medical conditions.
According to the Disability Discrimination Act, “disability is a mental or physical or both impairments that have a long-term and considerable adverse effect on an individual’s ability to carry out day-to-day activities.”
Proving that you were discriminated against during the hiring process because of your disability is challenging because there are several job roles a disabled person cannot perform.
However, if the job role has nothing to do with your disability, for example, it’s a sedentary job you can do, or you were denied a job because you look after someone with a disability, it can qualify as discrimination.
It’s illegal for an employer to discriminate against job applicants based on their gender. For example, if a hiring manager has a biased opinion about women, and it reflects in the hiring decision, it means the manager discriminates against female candidates.
Any type of hiring decision based on a person’s prejudice based on their gender expression is discrimination during the hiring process.
Discrimination Based on Someone’s Sexual Orientation
Overlooking a candidate for a job because of their sexual preference is considered hiring discrimination. If an individual’s sexual preference doesn’t have a bearing on performing their duties for the job, it’s illegal for the recruiters to discriminate against them. This type of discrimination can also qualify as sexual harassment in some cases.
Gender Identity Discrimination
This is another type of hiring discrimination that’s different from sex discrimination. Basically, it’s based on the gender a person relates to in their mind.
Discrimination Based on Smoking Preferences
While discriminating against applicants based on their smoking habits might not seem like a ground for discrimination, it actually is. Several employers prefer not to hire employees who smoke. Even Amazon used to reject the applications of people who tested positive for using marijuana, however, they are no longer rejecting applicants based on their smoking habits.
Determining if the employer or hiring managers discriminated against you during the hiring drive is often challenging because there are several things to take into account before you can take action.
It’s always great to speak to a professional discrimination lawyer New York, NY if you suspect discrimination during hiring. Dial 866-351-0116 and speak to expert employment discrimination attorneys at Levine & Blit law firm to know if you were discriminated against and to file the employer. v
How Does Discrimination During Hiring Affect You?
For many people, job interview discrimination is just another reason for not getting appointed. However, it can have more severe outcomes than you can imagine. New York is an at-will state, but the state and federal law prohibits employers from discriminating against job applicants and employees, whether full or part-time. Here are some reasons how discrimination affects job applicants.
You Don’t Get the Job
The first impact that an applicant receives from employment discrimination is that they don’t get the job. It can affect one’s financial health and how they’ll progress in their life.
It Can Affect Your Confidence
Getting rejected from a job interview because of the religion you preach or the community you belong to can hurt, and it’s stressful too. And rejections more than one time can make anyone doubt if they are good enough to secure a job.
It Promotes a Toxic Work Culture
Discrimination doesn’t just end with the hiring drive, it can thrive and may affect other employees. For example, if a recruiter is successful in discriminating against employees, they may keep such practices going on in their regular professional life resulting in creating a toxic work culture for the employees.
What to do if You Feel You Didn’t get the Job Because of Discrimination
There are several federal and state laws that protect you from hiring and other types of workplace discrimination. However, for the laws to be enforceable, you need to prove that you are a victim of job interview discrimination. If you feel you didn’t get the job because the manager discriminated against you, here’s what you should do next:
Understand Unfair Hiring Practices
Before you consider alleging that the hiring manager indulges in unethical hiring practices, it’s important to learn about the employer’s selection and recruitment process. If you are complaining about the experience you had- such as not getting selected for the job because of practices you believe were unfair, you can ask the HR department about the company’s policies concerning hiring from within.
If the company doesn’t have a human resources department, you can go to its official website to know more about the hiring practices and criteria.
Identify Unfair Hiring Practices
After you have learned everything about the hiring practices followed in the organization, you can identify if you are a victim of discrimination. Unfair hiring practices examples include denying employment to someone because of their age, gender, color, or sex.
Recall all the events that happened during the hiring day, and try to figure out things that point towards discrimination. For example, try remembering the questions you were asked by the recruiter.
Were the questions related to your age, smoking preferences or the religion you preach? Also, you should go through the interview email to find things that can help you establish your claim of discrimination against the employer.
File an Informal Complaint
To file an informal complaint you can approach HR with your concerns regarding unfair hiring practices. Make sure you have detailed and accurate information about the circumstances you believe led to the unethical hiring process.
For example, if you were denied a job because of irrelevant reasons, include a copy of your CV and other important documents. Complaints about unethical hiring practices must have the necessary supporting documents that prove that you were qualified for the post but were refused because of your protected attributes.
File a Formal Complaint with a Government Agency
Since HR is an internal department of the company, unfair bias can make its way there as well. There are several state and federal government agencies you can file a complaint with. For example, you can file a formal complaint with EEOC or Equal Employment Opportunity Commission to report hiring discrimination.
Hire a Discrimination Attorney
Filing a complaint against a company to get the job you deserve isn’t easy at all since you need to prove that discrimination happened and the hiring practices were unethical. And when it comes to proving illegal practices, you’ll need employment lawyers by your side.
Hiring a York employment discrimination lawyer is essential to gather the evidence and file a complaint with the right department. Also, the lawyer deals with the law department of the employer, keeping your best interests in mind.
At Levine & Blit, we are discrimination lawyers in New York you can count on if you are a victim of discrimination during hiring. Whether the discriminatory behavior was intentional or unintentional, we’ll help you prove it and get fair compensation, such as the job that you deserve.
Call us at 866-351-0116 for a free consultation, and know how our interview discrimination lawyers can help you.
What are the Laws Regarding Discrimination During Hiring?
There are several federal and local laws that prohibit employers from discriminating against job applicants. Moreover, these laws offer protection and an opportunity for the candidates to take legal action against the company if required. Here are some anti-discriminatory laws you should be aware of.
Age Discrimination in Employment Act (ADEA)
This act protects job applicants over the age of 40 from facing discrimination based on their age. According to the act, employers cannot refuse to hire or promote employees just because they belong to a certain age group.
Title VII of the Civil Rights Act (1964)
This is the primary law against discrimination in the workplace. The act prohibits employers from discriminating against employees and interviewees based on their protected attributes such as color, race, religion, national origin, gender, and more.
Pregnancy Discrimination Act (PDA)
The PDA offers protection to employees looking to grow their families. No employer in New York can deny hiring a candidate because they are pregnant or are looking to have a baby in the near future.
Americans with Disabilities Act (ADA)
This act prohibits hiring managers and recruiters from discriminating against candidates depending on their disabilities. The act even covers candidates who look after someone with disabilities.
Genetic Information Non-discrimination Act (GINA)
This is a relatively new act, and it prevents employers from discriminating against job applicants based on their genetic information.
And there are several other state as well as federal laws to prevent discrimination in the workplace. If you think you didn’t get that job because of discrimination, it’s better to speak to an employment discrimination lawyer.
The experienced employment discrimination attorney will tell you whether you are a victim or not while providing you the solutions such as filing a lawsuit against the employer.
Tips to Prevent Discrimination in the Hiring Process
If you are worried about discrimination during the hiring process, you can be proactive to handle it efficiently or avoid it in the first place. Here are some tips to keep in mind when appearing for your next interview:
Go Through the Job Description Properly
Most of the time, job applications clearly state the requirements or criteria the candidates must fulfill. For example, if the company requires a salesman who can commute between cities, they’ll prefer young people for obvious reasons.
Sometimes applicants don’t know the criteria and still apply for the job. When they are denied the job, they blame discrimination during hiring.
Be Aware of the Kind of Questions
Pay attention to the questions closely that may lead to discrimination, and make sure to answer in a way that the recruiter cannot use that information against you.
Avoid Having any Personal Conversations
Hiring managers often ask personal questions and initiate conversations to know more about the candidate’s life. You should avoid conversations during the interview regarding your religion, sexual orientation, desire to have kids, and more.
Let Levine & Blit Help You if You’ve Been Discriminated Against
If you believe you have been discriminated against and were denied a job because of your color, age, religion, or gender identity, Levine & Blit can help. As the most-preferred employment discrimination lawyers in New York, we have assisted several clients in getting jobs they were denied earlier or fair compensation for their sufferings.
We specialize in employment law and aren’t afraid of big names, so we are the York City discrimination attorneys you can trust.
Call us at 866-351-0116 for a free case evaluation, and fight back against unethical hiring practices.