Highly Experienced
Employment Law Attorneys
Group Photo Of Professionals At San Diego Employment Attorneys Group

Red flags in the hiring process that may constitute discrimination

Discrimination in the workplace can happen during hiring. Cases of qualified job applicants being denied employment because of their identity attributes are not uncommon. Thus, you need to know how to tell when you are being discriminated against by an employer.

Here are two red flags to look out for:

Inappropriate questions during the interview

It may be unlawful for an employer to ask questions about an applicant’s identity attributes, including age, race, religion, national origin, gender identity, sexual orientation, marital status, disability status and so on. These questions might be used to discriminate against an applicant.

Nonetheless, an employer may inquire about protected characteristics without the situation becoming unlawful. For example, they may ask whether an applicant meets the age-related legal requirement for the job.

An employer may also do so when collecting data for statistical purposes. Further, they may ask about the languages an applicant reads, speaks or writes if the use of a language other than English is relevant to the job in question, and so forth.

Thus, always assess the questions an employer asks during your interview to determine if a bias might occur, leading to an unfair hiring decision.

Lack of reasonable accommodation

If you are an applicant with a disability and an employer refuses to provide you with a reasonable accommodation you request, they may have discriminated against you. For instance, if they refuse to provide written materials in accessible formats, offer a reader or sign language interpreter, move the interview to a location you can access or modify the application process.

However, an employer does not have to provide a reasonable accommodation that would cause them undue hardship.

Being discriminated against as a job applicant can be frustrating. If you believe you have experienced any form of discrimination from an employer, legal guidance can help you protect your rights. 

Archives

Our Office Locations

San Diego Office

619-528-2530
2878 Camino Del Rio South
Suite 160
San Diego, CA 92108

San Diego Office

Del Mar Office

858-833-5869
445 Marine View Ave.
Suite 300
Del Mar, CA 92014

Del Mar Office

Carlsbad Office

760-587-3155
701 Palomar Airport Road
Suite 300
Carlsbad, CA 92009

Carlsbad Office

The firm provides a free initial consultation with a highly experienced employment law attorney. Please phone to set up an appointment.