It is illegal to be discriminated against while you are working for your employer. But it is equally unacceptable to be discriminated against while you are applying for a job position. Read on to discover examples of discrimination in the hiring process and how a seasoned New York discrimination lawyer at Bell Law Group can help you avoid this.
What are examples of discrimination in the hiring process?
First of all, discrimination in the hiring process occurs when you, as a job applicant, are being treated unfairly or unequally because you belong to a protected class. In New York State, such protected classes include, but are not limited to, the following:
- Race.
- National origin.
- Religion.
- Age.
- Sex.
- Sexual orientation.
- Gender identity.
- Military status.
- Marital status.
- Familial status.
- Pregnancy-related condition.
- Disability-related condition.
- Prior arrest or conviction record.
With that being said, examples of discrimination in the hiring process are as follows:
- An employer’s job advertisement expresses their refusal to hire applicants that belong to a certain protected class.
- An employer performs background screenings to eliminate applicants that belong to a certain protected class.
- An employer refuses to review an application because the applicant belongs to a certain protected class.
- An employer refuses to interview an applicant because they belong to a certain protected class.
- An employer refuses to hire an applicant because they belong to a certain protected class.
- An employer refuses to offer fair compensation to an applicant because they belong to a certain protected class.
- An employer knows or should reasonably know that they use an employment agency that refuses to hire applicants that belong to a certain protected class.
When is discrimination against an applicant acceptable?
Discrimination against an applicant should not necessarily be considered acceptable. Rather, it should be put that sometimes discrimination does not necessarily qualify for a lawsuit against an employer.
For example, say that you have a certain physical disability and that an employer refuses to hire you because of it. This may be acceptable to do if it can be proven that your disability would make you unable to perform the fundamental duties of the job you applied for. However, this may be unacceptable to do if your disability would only inhibit your ability to perform certain marginal job duties.
We understand just how difficult this situation may be to navigate. This is why we recommend that you schedule your initial consultation with a skilled New York employee rights lawyer today. We will review the circumstances surrounding your job application and quickly decipher whether you have a valid lawsuit on your hands. Pick up the phone and give us a call.
