Navigating the Hiring Process: An Overview of Employment Discrimination Law
What legal and ethical elements must be considered during the hiring process?
These include (mainly state) laws limiting the use of criminal background checks, prohibiting credit checks, banning employers from asking for an applicant’s salary history, or requiring employers to indicate the salary or pay range on their job postings (just to name a few).
Navigating the Hiring Process: An Overview of Employment Discrimination Law
The hiring process can be a complex and intimidating experience for job seekers. In addition to the competitive nature of the job hunt and interviews, job seekers must contend with employment discrimination laws, which have been put in place to protect those applying for a job. Employment discrimination law consists of both federal and state laws that protect people from unfair treatment in the workplace. The goal of these laws is to prevent employers from discriminating on the basis of certain characteristics, including race, color, religion, sex, national origin, age, disability, and genetic information.
Federal law prohibits job discrimination based on certain categories called “protected classes.” Protected classes are groups of people who have historically been discriminated against in the workplace. It is illegal to discriminate against someone based on a protected characteristic. This includes things like refusing to hire or promoting someone due to their race, gender, age, or religion. It is also illegal for employers to make decisions about recruitment, hiring, promotion, and other employment opportunities based on a person’s protected class.
In addition to federal law, many states and localities have their own laws protecting job seekers from employment discrimination. Depending on where you live, you may be protected from discrimination on the basis of sexual orientation, marital status, or political affiliation, for example. It is important to research the laws in your area before applying for a job to ensure that you are adequately protected from discrimination.
Employment discrimination laws are designed to create a level playing field for all applicants. If you believe that you have been discriminated against in the workplace, it is important to take action. Depending on the type of discrimination, you may be able to file a formal complaint with your state’s labor department or the federal Equal Employment Opportunity Commission. It is also wise to consult with a lawyer who specializes in employment law to discuss your options.
Navigating the hiring process can be stressful, and understanding your rights as a job seeker is essential. Knowing the laws and speaking up when necessary will help job seekers protect themselves from employment discrimination. While it is important to be aware of your rights, it is always best to focus on your strengths and skills that you bring to the job, rather than focusing on the possibility of discrimination at the workplace.
