subject: Employment Discrimination In Tough Economic Times [print this page] In today's tough economy, there is a fear that employment discrimination will increase along with the unemployment rate. The EEOC reports that the number of age discrimination claims increased 29 percent from 2007-2008, higher than the 15 percent rise in discrimination charges overall. The AARP suggests that this disparity is connected to mass layoffs where older employees feel unfairly targeted because of their age.
For those looking for new jobs, the landscape can be just as frustrating. Normally responsible employers, overwhelmed by large numbers of applications, may be tempted to narrow the list using biased methods. Or, they may simply become ( mistakenly ) concerned about the cost of investing in new hires and resort to stereo-typing in an attempt to limit assumed risk, however mistaken, imprudent, or illegal.
The good news is that by being aware of employment laws that safeguard American workers, job seekers can take deliberate action to protect themselves and demand unbiased hiring practices. "Under the laws enforced by EEOC, it is illegal to discriminate against someone (applicant or employee) because of that person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information." -"Prohibited Employment Policies/Practices", U.S. EOCC. Businesses can avoid accusations of discrimination by training hiring managers appropriate interview techniques. Below are some of the guidelines that employers and applicants should remain aware of during the job seeking process:
Advertising, Recruitment, Application & Hiring
It is against the law for an employer to publish advertisements or recruit potential employees in a way that shows preference for (or discourages) someone because of their race, religion, sex, etc. Using words such as "seeking women" or "recent college graduates" may prevent men and people over 40 from applying, for example. Recruiting only within a specific race community may also violate the law. A word-of-mouth campaign that results almost entirely in hiring within that ethnic community (for example) would be frowned upon . An employer may not refuse to give applications to anyone because of their race, religion, sex, etc. An applicant may demand they be allowed to apply for a job that fits their qualifications, despite preferential language in a (probably illegal) job listing.
Pre-Employment Inquiries
As a general rule, facts requested by an employer during the hiring process should stick to that which is essential for determining if a person is qualified for the job. The use of personal information such as an applicant's race, sex, age, religion, etc. to discriminate is prohibited, so it is best for the employer not to ask, even if the law does not clearly forbid it. Employers are specifically prohibited from asking about disability. An applicant , generally, should not feel pressured to answer questions about their:
* Race * Age * Height & weight * Credit rating * Religious affiliation * Citizenship * Marital status and/or number of children * Gender * Arrest & conviction history * Disability * Medical history
Exceptions exist when an employer can show that the data is related to the actual job demands. An employer hiring for a highly physical job, dock loading for example, may legitimately ask questions about height, weight, or physical ability to perform the labor .
Businesses need to train hiring managers to avoid possibly misunderstood (if admittedly friendly) questions. Asking "How old are your children?", for example, could create the perception of bias against applicants with children if that applicant is not hired. Questions about when collecting personal information is OK can be answered at the EEOC website in more detail. Some areas, such as citizenship and arrest & conviction history, can require subtle interpretation, so businesses may wish to consult with a qualified employment law attorney when developing hiring procedures.
If an applicant feels like they have been discriminated against, the first step, according to monster.com's career advice columns, is to contact the employment offices . and ask for feedback on the interview. A well-trained HR person should be happy to talk openly about the hiring process. In some cases, the HR contact could look into the situation and grant another interview. If unhappy with the employment office's response, an applicant may wish to take their complaint to the EEOC or, even further to an employment law attorney . A qualified discrimination attorney can petition the court to mandate that the employer hire you, give you back pay, and award punitive damages.
When it's already hard to find work, discrimination should not add another barrier to landing that perfect job. By understanding employment rights, everyone can insist that employers hire based on their ability to do the work.
