What Does Discrimination Look Like During the Hiring Process?

You may know that facing discrimination at your job is unlawful and may be grounds for legal action. But did you know that discrimination during the hiring process is also illegal?

Employers cannot base hiring decisions on discriminatory reasons, such as a person’s age, race, religion, sex, or another protected characteristic. Learn what discrimination during hiring looks like so that you can better identify discriminatory behavior in your job search. 

How Employment Discrimination Lawyers Help Workers Uphold Their Rights 

Employees have the right to a workplace free from discrimination, and their job statuses should not be influenced by whether or not they belong to a protected class. Employment discrimination lawyers in California help workers recognize workplace discrimination in hiring and termination decisions and uphold their rights to a bias-free workplace. 

Legal professionals can help workers understand their options for holding employers accountable for discrimination, such as reporting the behavior to the EEOC or taking legal action. They can provide legal support and guidance, helping workers feel more confident about reporting unfair actions. If you believe you have experienced discrimination in the workplace, contact an employment discrimination lawyer for assistance. 

What Is Considered Discrimination During the Hiring Process?

Discrimination is defined as any unfair treatment based on a person’s protected characteristic, such as their:

• Age
• Sex
• Racial background
• Religious beliefs
• National origin
• Sexual orientation

Discrimination in the workplace or during the hiring process is illegal in California, both at the state and federal levels. During hiring, a recruiter or hiring manager is prohibited from passing someone over for a job simply because of one of the protected characteristics above. 

Employers have a significant amount of freedom when it comes to determining who to hire for a specific position. They can generally use their discretion and do not need to provide a specific reason that they decided not to hire someone. As a result, it can be challenging to prove that you were passed over for a job due to a discriminatory reason. 

A lawyer taking a discrimination case often hinges on whether there is explicit evidence of the discrimination rather than just a gut feeling. You may feel confident that a hiring manager or recruiter discriminated against you, yet you would have a hard time seeking damages without evidence. 

Examples of Discrimination in the Hiring Process 

Knowing specific examples of what discrimination might look like in the hiring process can help you identify potential instances of employment bias and equal opportunity issues. These are a few examples of how bias appears during recruitment:

• Biased or discriminatory job ads, such as seeking “young, energetic workers” or “hard-working men”
• Discriminatory interview questions regarding a candidate’s religious beliefs, marital or parenthood status, and other protected characteristics
• Application filters that automatically disqualify applicants who belong to a certain class, such as filtering out all female applicants

It is also important to know how to recognize indirect discrimination in the hiring process. This would involve a company implementing policies that indirectly exclude candidates of certain protected classes. For example:

• Only hiring candidates who agree to stay clean-shaven for the role, disqualifying people who maintain beards for religious purposes
• Only considering candidates who have extremely flexible schedules and are able to work overtime with little notice, potentially excluding parents

If any of these examples show up in your hiring process, document the discriminatory behavior and report it to the company’s HR department. An employment attorney can help you escalate the matter and protect your employment rights in CA. 

Recognizing Signs of Unfair Treatment in Job Interviews 

If you are currently interviewing for jobs or submitting applications for positions, stay vigilant to potential signs of unfair treatment or discrimination in your job interview. These are a few signs to watch out for:

• The recruiter is asking you overly personal questions. Factors like your religious beliefs, age, or plans to have children shouldn’t impact your ability to do your job. When a recruiter starts asking you personal questions about irrelevant topics, this may be a sign of discrimination. 
• The recruiter makes sexist or racist jokes. Any discriminatory jokes should immediately be a red flag for discriminatory hiring processes. 
• The recruiter deems that you would “not be a good fit” after you disclose a protected characteristic. For example, maybe you voluntarily disclose that you are a mom or that you belong to a certain religious group, and the recruiter immediately decides that you are not a good fit for the role. 
• You notice a clear lack of diversity among employees. Maybe you go to the company’s office for an in-person interview and notice that all of the employees are a certain gender or race. In some cases, this could be a sign of discriminatory hiring processes, especially if you are passed over for the role and do not fit the mold. 

When Might Discrimination in the Hiring Process Be Lawful?

There are certain instances in which an organization may be able to seek candidates who have certain protected characteristics. For example, a religious institution can legally require employees to share their faith. The EEOC has stated that religious corporations and educational institutions are exempt from federal laws regarding employment discrimination based on religion. 

There are other scenarios in which meeting certain demographic requirements might be reasonably necessary for normal business operations. For example, an all-women’s gym might only hire female janitorial staff. In some skilled roles, there is a mandatory retirement age, such as commercial airline pilots in the U.S. who are required to retire at the age of 65.

However, these scenarios are very limited and specific. In many cases, discrimination during the hiring process would be considered unlawful. Additionally, discrimination on the basis of race is never considered lawful. 

Seek Legal Counsel From D.Law 

Understanding discrimination in the workplace is an important step in protecting your rights. If you believe you have faced discrimination during the hiring process, contact D.Law today at 818-275-5799 to discuss the matter with an experienced California employment attorney.