By Ricotta & Marks, P.C. on August 20th, 2021 in
Can I Sue for Unfair Hiring Practices? People should be hired for positions based on how well they can do the job in question. Do they have the skills and experience needed? How much education do they have?
However, some employers base their decisions on other factors, as well. For example, some prefer to hire recent college graduates to keep their workforce young. A racist supervisor may only hire white people. A manager may not hire an applicant after finding out they are wheelchair-bound.
These decisions are based on discrimination. They are considered unfair hiring practices and can cause employers to be sued. If you believe you are a victim, learn more about how to file a lawsuit.
What are Unfair Hiring Practices?
While employers should ideally hire employees solely based on their skills, education, and experience, sometimes they require more information before making a decision. For example, many run background checks on applicants and gather information such as criminal records, credit history and driver’s license information. Some may uncover past employment records and find that an employee filed a claim against a previous employer for workers’ compensation or some other reason.
While running a background check is not illegal, it can be unfair if not done properly. For example, you must consent to it and you must not be asked inappropriate questions or forced to give additional, unnecessary background information in an effort for your employer to discriminate against you.
Other unfair hiring practices include showing preferences or discouraging applicants in job ads, as well as in the recruiting, application, and hiring process. If a position requires a test, every applicant must take the test, not just certain ones based on discriminatory factors. Job assignments, promotions, training, discipline, pay, and benefits are other areas of employment in which discrimination is illegal.
Filing a Lawsuit
If your employer is engaging in unfair hiring practices, they need to be made aware of the situation. The first step should be an informal complaint, which means letting your supervisor or human resources department know about your concerns. Come prepared with documentation and other detailed information about the situation, as complaints about unfair hiring practices must have supporting documentation. However, you can still voice your concerns about hiring practices if you have reason to believe someone else was unfairly denied employment.
If your employer does nothing to remedy the situation, you can file a formal complaint with the Equal Employment Opportunity Commission (EEOC). This should be done after informing your employer. Before filing a claim, gather documentation and be prepared to give a statement to the EEOC. The EEOC will then investigate and let you know of the next steps.
Contact a New York Employment Law Attorney
Employers need to be fair and legal when making hiring decisions. Discriminating against someone due to age, gender, race, disability, religion, or other protected factor is illegal and can lead to penalties.
The employment law attorneys at Ricotta & Marks, P.C. can assess your case and help you file a claim. We can protect your legal rights and your livelihood. To schedule a free consultation, fill out the online form or call (347) 464-8694.