Workplace discrimination is running rampant across our county, including right here in Colorado. Yet, all too often victims downplay the behavior that’s been exhibited towards them, thus letting employers who have acted wrongfully off the hook. But if you let that happen, then you could lose employment and promotion opportunities, compensation and the reputation that you’ve worked hard to build. You can’t afford to let these bad outcomes unjustifiably fall on you.
While we’ve spent a lot of time on this blog discussing workplace discrimination in your current position and how to get a handle on it, in this post we want to focus on something a little different: discrimination in the hiring process. Discrimination that occurs here can be just as damaging, but given its positioning in the hiring process it often goes unnoticed, which further perpetuates additional discrimination. So, let’s look at how you can spot discrimination in the hiring process so that you can take action to protect yourself if it happens to you.
Signs of discrimination in the hiring process
Employers have a lot of latitude when it comes to implementing their hiring practices. However, it is possible for them to go too far. Here are some signs you should be on the lookout for that may indicate that you’ve been discriminated against in the hiring process:
- The employer thinks that you don’t have “career” potential: This means that the employer doesn’t think that you’ll be with the company long enough to make meaningful, long-term contributions. This can be discriminatory if you’re an older applicant, since the employer is then basing its justification on your remaining working years rather than your skills and abilities.
- The employer indicates that you’re “overqualified”: This justification for not hiring you could also be a sign of discrimination. All too often, employers use this wording when assessing older workers as well as those who have been out of the workforce for a longer period of time, such as those who have a disability or who have had to take on a caretaking role at home.
- The employer denies your application because of gaps in your resume: While this isn’t automatically discriminatory in nature, it has the potential to be, particularly if you’re a woman who had to take time off work due to your pregnancy.
- The employer asks probing questions about your family life, culture or religious affiliations: Again, while some these questions may be uncomfortable but not necessarily discriminatory, they oftentimes lay the foundation for an employment decision that’s based on discriminatory intent.
There are many other indicators that discrimination has occurred during the hiring process. So, if you suspect that you were treated unfairly during the hiring process due to your status in a protected class, then be sure to discuss the matter with your attorney to figure out your next steps.
Advocate to protect yourself from discriminatory practices
Under the law, you should be afforded equal employment opportunities. When you’re robbed of that basic fairness, then you should consider taking legal action to find accountability and to recover compensation. But these claims can be hard fought, meaning you’re going to have to come to the table with compelling evidence that clearly supports your allegations.
So, if you think that you’ve been victimized by workplace discrimination, then now is the time to fully consider your legal options. Think through what signs you saw of discrimination and start gathering the evidence necessary to support your position. Then, you can work closely with your attorney to develop the legal strategy that hopefully positions you for a fair and favorable outcome that protects your rights, your dignity and your future.