What Workers Should Know About Handling Discrimination in the Hiring Process

Discrimination in the hiring process happens when a job applicant is treated unfairly based on their membership in a protected class. This illegal practice can prevent qualified candidates from securing employment based on factors like age, race, gender or disability. If you believe you have faced discrimination during your job search in California, understanding your rights can help you prepare for the next steps. The Law Offices of Alan F. Cohen has over 25 years of experience fighting for employees. We’re prepared to help you address this injustice.

How Can I Tell If I Was Discriminated Against During an Interview?

Proving discrimination can be challenging, as employers are often careful not to state a biased reason for their hiring decisions. However, certain actions or lines of questioning during an interview can be strong indicators of discrimination.

Common examples of discriminatory behavior include:

• Asking questions about your age, marital status, plans to have children or religious practices.
• Making inappropriate comments or “jokes” about your race, national origin, gender identity or sexual orientation.
• Focusing on a disability that does not compromise your capability to perform the necessary duties of the job.
• Favoring a less qualified candidate over you due to your protected characteristics.

If you encounter any of these behaviors, it is vital to document them immediately. Write down the specific questions or comments, who was present and the date and time of the interview. This documentation can be used as crucial evidence if you decide to take further action.

What Should I Do If I Experience Discrimination in the Hiring Process?

If you suspect you have been subjected to discrimination, you have several options to address the situation. Taking swift and strategic action is key to protecting your rights and holding the employer accountable.

Consider taking the following steps:

• Address the Interviewer or Supervisor: If you feel comfortable, you can address the discriminatory behavior directly with the person who made the remarks or their supervisor. Sometimes, this can resolve the issue, though it may not always be effective.
• Request an Internal Investigation: Most companies have internal procedures for handling discrimination complaints. You can formally request that the company investigate your experience during the hiring process.
• Consult with Other Applicants: If possible, speak with other applicants to see if they had similar experiences. If a pattern of discriminatory behavior emerges, it can strengthen your claim.
• File a Formal Complaint: California employees can file their discrimination claim with the Department of Fair Employment and Housing (DFEH). It is important to act quickly, as there are strict time limits for filing.

How Can a Lawyer Help Me?

Navigating the complexities of employment law on your own can be overwhelming. An experienced employment discrimination attorney can provide invaluable support by evaluating your case, gathering evidence, and representing your interests. At the Law Offices of Alan F. Cohen, we have a long track record of securing significant results for our clients. If you are ready to fight for your rights, contact us for a case evaluation.