In today’s tough economy, there is a concern that employment discrimination will increase along with the unemployment rate. The EEOC reports that the number of age discrimination claims leaped 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 seeking new jobs, the situation can be just as frustrating. Normally responsible employers, overwhelmed by large numbers of applications, may be tempted to shorten the list using illegal methods. Or, they may simply become ( mistakenly ) worried about the cost of investing in new hires and resort to stereo-typing in an attempt to mitigateperceived 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. Employers can avoid accusations of discrimination by teaching hiring managers appropriate interview techniques. Below are some of the guidelines that employers and applicants should remain conscious of during the hiring process:
Advertising, Recruitment, Application & Hiring
It is against the law for an employer to publish advertisements or recruit new employees in a way that shows preference for (or discourages) someone because of their race, religion, sex, etc. Using words such as “seeking women” or “recent college graduates” may prevent men and people over 40 from applying, for example. Recruiting entirely within a specific race 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 frowned upon . An employer may not refuse to give applications to anyone because of their race, religion, sex, etc. A job seeker may insist 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 , information gathered by an employer during the hiring process should stick to that which is essential for determining if a person is qualified for the job. The use of personal data 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 specifically forbid it. Employers are specifically prohibited from asking about disability. An applicant , generally, should not feel required to answer questions about 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 exist 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 appropriately ask for information about height, weight, or physical ability to perform the work.
Employers need to teach hiring managers to avoid possibly misinterpreted (if admittedly friendly) questions. Asking “How old are your children?”, for example, could create the impression of bias against applicants 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 information, such as citizenship and arrest & conviction history, can require subtle interpretation, so businesses may wish to consult with a qualified employment law attorney when developing hiring plans.
If an job seeker 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 willing to talk openly about the hiring process. In some cases, the HR contact could investigate and grant another interview. If unsatisfied with the HR department’s response, an applicant may wish to take their complaint to the EEOC or, even further to an employment lawyer. A qualified discrimination attorney can petition the court to mandate that the employer hire you, give you back pay, and award punitive damages.
When it’s already hard 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 the experienced attorneys at Williams Law, LLC to get additional information on Employment Discrimination Law and Sexual Harassment Legal Issues.
