Employee Rights During the Hiring Process
Most individuals know that employees have many rights in the workplace, but not many individuals know that prospective employees also have certain employee rights during the interview process. For instance, one major employee right a prospective employee has during the hiring process is to not be discriminated against. This right is mandated by federal law and extends through the employment of the employee up to the termination.
Federal Law details that employers cannot discriminate during their hiring process based on an individual’s race, gender, nationality, religion, disability or age. These are the classes that are considered protected under the Federal Law. Employers must adhere to these rules and abide by the anti-discrimination laws at each stage of the hiring process. This starts from placing a job advertisement in the newspaper or online, to interviewing a prospective job applicant, to the final selection of the candidate to be hired.
There are certain questions that employers should stay away from during the hiring process, as they are more indicative of discriminatory intent with regard to Employee Rights. These include asking about the following: whether the applicant has children, or intends on having children in the future; whether the applicant is married or plans on being married; whether the applicant is religious and/or the religion the applicant follows; the applicant’s age; the applicant’s citizenship status; and/or whether the applicant suffers from any disabilities. If any of these items are addressed during a job interview, an applicant can field an objection or decline to answer the question. Further, these types of questions may lead to the presumption that the applicant is being discriminated against during the hiring process. If you feel that your rights have been violated during the interview process, contact knowledgeable employment law attorneys to access your case and determine your remedies.
The Ticktin Law Group is extremely knowledgeable in employment and labor law matters and offers complimentary consultations. If you or someone you know needs an employment law attorney, contact the attorneys of the Ticktin Law Group today!