Could you be a victim of failure to hire?
Finding the right candidate can be challenging for employers, but some companies employ unfair hiring practices as they assess and interview applicants. Fortunately, both federal and state protections exist to shield workers from discriminatory practices during and after the interview process. Review the facts about failure to hire so you can discern and take action against unfair treatment experienced as a job applicant.
What is workplace discrimination?
Most workplace discrimination cases center around the idea of a protected class. Federal laws define these classes, which include:
- National origin, sex, religion, race, and color (Title VII of the 1964 Civil Rights Act)
- Age of 40 or older (1967 Age Discrimination in Employment Act)
- Disability (1973 Rehabilitation Act)
- Pregnancy status (Pregnancy Discrimination Act)
California residents have broader protection through the state’s Fair Employment and Housing Act, which on top of the federal protections, also prohibits discrimination because of ancestry, genetic information, gender, gender expression, gender identity, marital status, age, status as a military service member or veteran, and sexual orientation. It also expands discrimination protection for people who have a physical or mental disability.
Does discrimination occur during the hiring process?
The laws described above prevent employers from discriminating against existing employees and prospective employees in a protected class. Some examples of discrimination during the hiring process, sometimes called failure to hire, can include:
- Asking whether a potential candidate for employment is pregnant when she arrives for the interview
- Denying reasonable accommodations, such as offering a virtual interview to a candidate who has a disability that affects mobility
- Disqualifying applicants based on membership in a protected class, like filtering out resumes based on clues that the candidate is older than 40 (graduation year, for example)
Do I have a failure to hire case?
You can start the process of filing an employment discrimination complaint in California if you are part of a protected class and a company failed to hire you for a specific position. You must show that you applied for the role and met the advertised requirements. You also have to prove that the company either didn’t hire anyone for the job or hired someone who does not belong to the protected class.
You should begin gathering evidence as soon as you suspect you might be a victim of failure to hire. Signs of this type of discrimination include inappropriate questions or comments about protected class status during the hiring process, and can also include vague answers to specific questions you ask during the interview or lack of feedback on your meeting with the hiring manager.
If you think you were not hired because of race, age, disability, or another protected characteristic, connect with the team at Matern Law Group..
Sources
https://www.ftc.gov/policy-notices/no-fear-act/protections-against-discrimination
https://www.eeoc.gov/prohibited-employment-policiespractices
