In today’s tough economy, there is a concern that employment discrimination will grow along with the unemployment rate. The EEOC reports that the number of age discrimination claims grew 29 percent from 2007-2008, higher than the 15 percent rise in discrimination charges overall. The AARP speculates that this disparity is connected to mass layoffs where older employees feel unfairly targeted because of their age.
For those looking for new jobs, the situation can be just as frustrating. Normally responsible employers, overcome by huge numbers of applications, may be tempted to narrow the list using biased methods. Or, they may simply become (inappropriately ) concerned about the cost of investing in new hires and resort to stereo-typing in an attempt to limit assumed risk, however mistaken, imprudent, or illegal.
The good news is that by being aware of employment laws that safeguard American workers, job seekers can take deliberate action to protect themselves and demandfair hiring practices. “Under the laws enforced by EEOC, it is illegal to discriminate against someone (applicant or employee) because of that person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.” -”Prohibited Employment Policies/Practices”, U.S. EOCC. Businesses can avoid claims of discrimination by training hiring managers appropriate interview techniques. Below are some of the areas that employers and applicants should remain conscious of during the hiring process:
Advertising, Recruitment, Application & Hiring
It is illegal for an employer to publish job listings or recruit new employees in a way that shows preference for (or discourages) someone because of their race, religion, sex, etc. Using language such as “seeking women” or “recent college graduates” may discourage men and people over 40 from applying, for example. Recruiting only within a specific ethnic community may also violate the law. A word-of-mouth campaign that results almost entirely in hiring within that ethnic community (for example) would be suspect. An employer may not refuse to give applications to anyone because of their race, religion, sex, etc. An applicant may demand they be allowed to apply for a job that fits their qualifications, despite preferential language in a (probably illegal) job listing.
Pre-Employment Inquiries
As a general guideline , informationrequested by an employer during the hiring process should be limited to that which is essential for determining if a person is qualified for the job. The use of personal information such as an applicant’s race, sex, age, religion, etc. to discriminate is prohibited, so it is best for the employer not to inquire , even if the law does not clearly forbid it. Employers are specifically prohibited from asking about disability. An applicant , generally, should not feel pressured to answer questionsregarding their:
* Race * Age * Height & weight * Credit rating * Religious affiliation * Citizenship * Marital status and/or number of children * Gender * Arrest & conviction history * Disability * Medical history
Exceptions are appropriate when an employer can show that the information is related to the actual job demands. An employer hiring for a highly physical job, dock loading for example, may legitimately ask for information about height, weight, or physical ability to perform the labor .
Employers need to train hiring managers to avoid potentially misunderstood (if admittedly friendly) questions. Asking “How old are your children?”, for example, could create the perception of bias against job seekers with children if that applicant is not hired. Questions about when collecting personal information is appropriate can be answered at the EEOC website in more detail. Some areas, such as citizenship and arrest & conviction history, can require subtle interpretation, so businesses may wish to consult with a qualified employment lawyer when developing hiring plans.
If an applicant feels like they have been subjected to discrimination , the first step, according to monster.com’s career advice columns, is to contact the employment offices . and ask for feedback on the interview. A well-trained HR person should be happy to talk openly about the hiring process. In some cases, the HR contact could investigate and grant another interview. If unhappy with the HR department’s response, an applicant may wish to take their complaint to the EEOC or, even further to an employment law attorney . A qualified discrimination lawyer can petition the court to mandate that the employer hire you, give you back pay, and award punitive damages.
When it’s already difficult to find work, discrimination should not add another burden to landing that perfect job. By understanding employment rights, everyone can insist that employers hire based on their ability to do the work.
Before you select a lawyer, visit Williams Law, LLC for more information about Employment Law and Sexual Harassment Legal Issues.