Employment discrimination can take many forms and happen at various times in the hiring and employment life cycle. The U.S. Equal Employment Opportunity Commission (EEOC) governs and oversees employers in using proper practices at all stages of the employment process. However, when employers don’t follow these laws, you might find yourself in need of an NYC employment discrimination attorney.
Types of Discrimination
The law explicitly states that it is illegal for an employer to discriminate against either an applicant or current employee based on color, race, sex, religion, disability, age, genetic information, or national origin. Discrimination can show up in a variety of places within the hiring process, which we outline below.
Job listings
Job listings are not permitted to indicate any preference for age, race, religion, etc. They should not discourage applicants with specific characteristics from applying. Even something as simple as stating that an employer is seeking recent college graduates can be discriminatory because it can discourage older applicants from applying.
Likewise, job listings cannot indicate that the employer is only seeking females, males, or any other specific demographic because that excludes many people from the job pool.
Recruiting practices and job referrals
Much like job listings, an employer cannot recruit individuals exclusively from a specific age, race, country of origin, etc. Some employers find a certain demographic that works for hiring or for paying a certain per hour price for workers and then seek out specifically more employees from this group. The same is true of job referrals.
When an employer only hires from a specific group of people, this is a form of discrimination and is considered an illegal business practice. There are exceptions to this.
Hiring decisions
Hiring decisions cannot be made based on previous experience or personal bias concerning a person’s demographics, physical characteristics, etc. An employer can require a test as part of the application and hiring process if that test evaluates skills directly related to the job. However, that test must be graded objectively without a bias toward race, color, etc.
Additionally, applicants that have a disability should be given reasonable accommodations that do not cause significant difficulty or expense for the employer.
Pay and benefits
Pay and benefits cannot be decided based on the characteristics of an individual. Pay should be commensurate to experience or equal for all individuals in the same role.
You cannot offer insurance to only healthy people or offer different paid sick leave to individuals with diverse backgrounds or characteristics.
When to seek an NYC employment discrimination attorney
If you believe you’ve been the victim of employment discrimination, you should find an NYC employment discrimination attorney. A skilled attorney can review the details surrounding the alleged discrimination to tell you whether or not the employer violated the law.
You’ll found outstanding and experienced NYC employment discrimination attorneys at the Ashley Law Firm. We offer a free consultation to evaluate your case and guide you in the proper next steps in your case. Contact us at 718-715-4729.
