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In today's down economy, there is a concern that employment discrimination will grow along with the unemployment rate. The Equal Employment Opportunity Commission (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 Association for the Advancement of Retired Persons (AARP) suggests that this disparity is connected to mass layoffs where older employees feel unfairly targeted because of their age.
For those seeking new jobs, the process can be just as frustrating. Normally responsible employers, overcome by huge numbers of applications, may be tempted to pare the list using unfair methods. Or, they may simply become ( mistakenly ) concerned about the cost of investing in new hires and resort to stereo-typing in an attempt to limit 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 an active role in protecting 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 claims 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 new employees in a way that shows preference for (or discourages) someone because of their race, religion, sex, etc. Using words such as " hiring 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 demand they be allowed to apply for a job that fits their qualifications, despite preferential language in a (probably illegal) job listing.
Pre-Employment Inquiries
As a general rule, 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 questionsregarding 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 are appropriate when an employer can show that the information 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 work.
Businesses need to train hiring managers to avoid potentially misinterpreted (if admittedly friendly) questions. Asking "How old are your children?", for example, could create the perception of bias against job seekers with children if that applicant is not hired. Questions about when collecting personal data is OK can be answered at the EEOC website in more detail. Some information, such as citizenship and arrest & conviction history, can require subtle interpretation, so businesses may wish to consult with a qualified employment lawyer when preparing hiring procedures.
If an applicant 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 investigate and grant another interview. If unhappy with the HR department'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, applicants can insist that businesses hire based on their ability to do the work.
For those seeking new jobs, the process can be just as frustrating. Normally responsible employers, overcome by huge numbers of applications, may be tempted to pare the list using unfair methods. Or, they may simply become ( mistakenly ) concerned about the cost of investing in new hires and resort to stereo-typing in an attempt to limit 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 an active role in protecting 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 claims 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 new employees in a way that shows preference for (or discourages) someone because of their race, religion, sex, etc. Using words such as " hiring 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 demand they be allowed to apply for a job that fits their qualifications, despite preferential language in a (probably illegal) job listing.
Pre-Employment Inquiries
As a general rule, 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 questionsregarding 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 are appropriate when an employer can show that the information 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 work.
Businesses need to train hiring managers to avoid potentially misinterpreted (if admittedly friendly) questions. Asking "How old are your children?", for example, could create the perception of bias against job seekers with children if that applicant is not hired. Questions about when collecting personal data is OK can be answered at the EEOC website in more detail. Some information, such as citizenship and arrest & conviction history, can require subtle interpretation, so businesses may wish to consult with a qualified employment lawyer when preparing hiring procedures.
If an applicant 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 investigate and grant another interview. If unhappy with the HR department'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, applicants can insist that businesses hire based on their ability to do the work.
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