Employment Law Information

In today’s lean economy, there is a fear that employment discrimination will increase along with the unemployment rate. The EEOC reports that the number of age discrimination claims jumped 29 percent from 2007-2008, higher than the 15 percent rise in discrimination charges overall. The AARP suggests 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 unfair 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 reduce assumed risk, however mistaken, imprudent, or illegal.

The good news is that by being knowledgeable about 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 accusations of discrimination by teaching hiring managers appropriate interview techniques. Below are some of the areas that employers and applicants should remain aware of during the hiring process:

Advertising, Recruitment, Application & Hiring

It is against the law for an employer to publish job listings or recruit potential employees in a way that shows preference for (or discourages) applicants 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 only 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 suspect. 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) advertisement.

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 data such as an applicant’s race, sex, age, religion, etc. to discriminate is prohibited, so it is best for the employer not to ask, even if the law does not clearly forbid it. Employers are specifically prohibited from inquiring about disability. An applicant , generally, should not feel pressured to answer inquiries regarding 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 data is related to the actual job demands. An employer hiring for a highly physical job, dock loading for example, may legitimately ask questions about height, weight, or physical ability to perform the labor .

Businesses need to teach hiring managers to avoid potentiallymisunderstood (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 OK can be answered at the EEOC website in more detail. Some areas, such as citizenship and arrest & conviction history, can require subtle interpretation, so employers may wish to consult with a qualified employment lawyer when developing hiring procedures.

If an job seeker feels like they have been discriminated against, 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 look into the situation and grant another interview. If unhappy with the employment office’s response, an applicant may wish to take their complaint to the EEOC or, even further to an employment lawyer. 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 hard to find work, discrimination should not add another burden to landing that perfect job. By understanding employment rights, everyone can insist that businesses hire based on their qualifications to do the work.

Before you select a lawyer, visit the experienced attorneys at Williams Law, LLC for more information about Discrimination Law and Sexual Harassment Legal Issues.

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