Discrimination During the Hiring Process

After graduating from college and ending a successful internship, Remy has been earnestly seeking a job at a large L.A. firm. Both of her screening calls went well, and her first in-person interview is today. Nervously, she opens the door to let the receptionist know she is there. The hiring manager comes out to greet her. Only, when he sees her, she notices his hesitation.Job Interview Discrimination | Carter Law Firm

Throughout the interview, his uncomfortableness distracts her, causing her to stumble in her answers. He can’t stop staring at her headscarf. The next day, she gets the inevitable call; they are looking at other candidates.

Job Candidates Have Legal Rights Too

Does this situation sound familiar? Whether it’s a headscarf, a gender issue, or your race, if you felt you were in a similar situation, your potential employer may have violated your rights. The same discrimination protections that employees have in their jobs are also in place to protect you during the hiring process.

During each stage of the hiring process, employers are required by state and federal laws to not to discriminate against applicants. If you are qualified for a job and are not hired based on your race, religion, national origin, pregnancy, gender or disability (what the law calls “protected grounds”), your rights may have been violated.

Have You Been Mistreated?

Even though employers have a significant amount of leeway on which qualified candidate to hire, by law, they cannot use your religion, religious expression, or any of the other above listed “protected grounds” as ways to weed you out of the candidate pool. You might have been told that you would not be a good fit for the culture of the company (often a proxy for discrimination) or, more explicitly, that your religion would be a distraction. These types of disqualifications are illegal.

If you believe that you were not hired due to your religion or due to another protected ground, there are several steps that you should take.

  • Document everything. Take notes that include exactly what happened and the reactions that you felt. Note how people reacted to you or what they said.
  • If you get a rejection letter, keep a copy of it. If you get a phone call, take notes of what was said during the call.
  • Keep a copy of your resume and application.
  • Print out a copy of the job listing.
  • If you have contacts with the company, ask them for any information that could help you prove your qualifications.

Speak with an Attorney Today

Do you believe that you have been passed over for a job because of your religion? Whether you have been explicitly told this or it was communicated to you indirectly, employers cannot discriminate against you based on your religion, sex, age, disability, national origin, or race. If you feel that have been a victim of discrimination during the hiring process, contact an attorney today to discuss your case.

Let us help you get the justice that you deserve. Contact our law office to make an appointment for a consultation. One of our lawyers will speak with you to help you determine next steps. Complete the form below or call us today.

The Carter Law Firm, located in Newport Beach, specializes in employment law, including claims for wrongful termination and wage violations such as unpaid overtime. Contact us today if you feel that you have been wronged.



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