The job search is a long and arduous process. When looking for a new job, you will most likely fill out hundreds of applications, go through multiple rounds of interviews, and only see the light at the end of the tunnel if you get an offer. While employers can control what kind of candidate they are looking for, they are prohibited from being discriminatory in their hiring process.
Discrimination in the hiring process is unfair and stressful for job seekers. Workers are protected from unfair employment practices, but some employers still make an effort to exclude specific candidates from having access to opportunities. There are many ways to experience discrimination in the hiring process.
4 Situations in Which Discrimination Occurs Before Hiring
Discrimination can often occur during the interview process, but it can even happen before the application process begins. Below are four of the most common ways discrimination occurs during the hiring process:
Job Advertisements Tailored to Exclude Certain Applicants
Despite anti-discrimination legislation, employment descriptions that exclude some people still exist. Employers can customize a job advertisement to discriminate against candidates with protected characteristics. For instance, the language in the ad may target a specific gender, race, age, or other characteristic or describe these characteristics as desirable. A job advertisement may also be written to discourage applicants with undesired characteristics.
Ultimately, It is illegal for an employer to post a job advertisement that expresses a preference for or discourages applicants based on their race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), handicap, or genetic information.
Automated Screening Systems That Filter Out Certain Applicants
Because humans build software, it will not always be free of bias. For example, a recruitment tool the employer is using might be set up so that candidates with specific characteristics on their resumes are filtered out. As a result, they may not receive any applications from applicants with those characteristics.
Job Recruiters That Exhibit Bias in Their Recruiting Practices
Many employers rely on in-house or third-party recruiters to reach out to potential job candidates. However, the recruiters can also exhibit bias and their recruiting practices. Common examples of recruiter bias include only moving forward candidates who belong to a particular group.
Recruiters can also exhibit bias in the way they treat candidates. For example, a recruiter may offer a candidate a lower salary than their future colleagues who perform the same work because of their national origin, gender, or other characteristics.
Interviewers Asking Biased or Exceedingly Difficult Questions
Recruiters and hiring managers may act in ways that indicate a conscious or unconscious bias towards certain candidates during the interview process. Interview bias may result in the interviewer mistreating a candidate for reasons other than their qualifications or personality. This bias may manifest in the interviewer asking tougher questions to certain applicants and not others or even discriminatory questions.
Bring Your Employment Discrimination Case to Blackstone Law
You have rights and protections to shield you from employment discrimination. Your employer cannot include aspects that intentionally exclude certain people in their hiring process. Employers are legally required to follow detailed guidelines to avoid discriminating against job candidates. You have the right to consult with an employment lawyer if you believe a potential employer has rejected your application due to discriminatory hiring practices.
At Blackstone Law, we recognize that when you are up against an employer, you will need experienced legal help to level the playing field. We are committed to defending the rights of California workers and take pride in representing their interests with honesty and integrity. Our legal team has years of experience practicing employment law, and we will advocate for you at every stage of the legal process. To schedule an initial consultation, please call (310) 956-4054 or fill out our contact form.