Employment law protects employees from a broad range of adverse employment action, harassment, and discrimination in the workplace. These laws also apply before hiring ever occurs and cover applications for employment, job interviews, and job applicants as well.
Even though a great deal of individuals are protected under California law, the ones who don’t get hired often have a more difficult time determining whether an employer violated discrimination laws because they never entered the workplace as an employee. However, some signs may indicate potential violation of federal and state employment laws against discrimination. Applicants should be aware violations may have occurred if they were asked about their:
- Sexual orientation
- Physical or Mental disability
- Marital status
- Maiden name
- Place of birth
- Criminal history or arrest record
It may also be a violation to ask applicants to provide a photograph.
Regarding medical or psychological examinations, employers may not ask applicants to submit to them unless all other prospective employees are also required to do so. The exams must also be related to the job and consistent to business necessity. However, it is permitted for employers to ask applicants if they are able to perform the job’s essential functions.
Contact a Lawyer for Help Today
The hiring process is often a mystery for job applicants. The lack of clarity provided by prospective employers can make it difficult to prove the lack of a job offer resulted from illegal discrimination, but an experienced California employment attorney can help you make the best argument possible that employment laws were violated. The skilled lawyers at Rothschild & Alwill know how to fight for your rights and make the strongest arguments to help you prevail in your case. If you suspect you’ve been the victim of discrimination by an employer contact us for help today.