Discriminatory Remarks Prove Discriminatory Failure to Hire

When preparing for a job interview, you can expect to be asked questions about your work experience, your education, and why you should be considered for the position. If you are not selected for the position, despite having an impressive resume, stellar references, and years of experience in the field, the sting of the rejection can be coupled with a deeper concern if you believe that the employer’s decision was influenced by discriminatory factors.

For example, if the interviewer asked you questions about your religion, sexual orientation, race, or any other protected characteristic, this is discriminatory, and employers are legally prohibited from refusing to hire based on these factors.

If you believe that you were not hired for a position based on discriminatory questions during an interview, it is highly recommended that you contact an experienced discrimination lawyer at your earliest convenience.

What Is Hiring Discrimination?

“Hiring discrimination” is the illegal practice of treating job applicants differently, or less favorably, based on their race, gender, age, disability, sexual orientation, religion, gender identity, or national origin. According to Title VII of the Civil Rights Act of 1964, employers are prohibited from discriminating against employees based on a protected characteristic. This includes asking discriminatory questions during an interview or refusing to hire a candidate based on discriminatory stereotypes.

Hiring Discrimination Statistics

According to a recent study, over half of all job seekers in the United States experience illegal and discriminatory questions during the interview process, with Boomers being hit the hardest. Over 60% report age discrimination during the interview and hiring process, and 44% claim that discrimination is the leading challenge associated with securing a new job.

What Are Examples of Discriminatory Interview Questions?

Federal and state laws protect against asking discriminatory questions that are based on protected characteristics like race, color, religion, sex, national origin, age, disability, or sexual orientation. This includes asking inappropriate, offensive, or discriminatory questions, including the following:

How old are you?
Do you have children?
Do you plan on having children?
What is your religion?
What is your sexual orientation?
Have you ever been arrested?
What is your nationality?
Are you married?
Do you have any disabilities?

What Are Common Signs of Hiring Discrimination?

Discriminatory behavior in an interview can range from subtle to obvious. In order to identify this type of behavior, there are some common red flags that you should be aware of, including the following:

Biased job postings: If a job listing includes phrases that suggest a pattern of exclusionary hiring practices, this may be a sign that the employer engages in discriminatory behavior during the interview process. For example, phrases like “recent college graduates only” or “must be young, energetic, and able-bodied” may exclude older workers.
Inappropriate interview questions: Interviewers may not ask questions about your age, marital status, plans to have children, religion, medical conditions, sexuality, or any other protected characteristic. They are considered irrelevant to the job and discriminatory.
Unequal treatment: When one candidate is treated less favorably than another equally qualified candidate due to their protected class, this is an example of hiring discrimination.
Changing reasons for not hiring: If an employer does not provide a clear reason for not hiring you, or continues to change their reason, this may indicate that they do not want to admit the real reason for not hiring, particularly if it is discriminatory and gets them in legal trouble.
Patterns of exclusion: If the company regularly gets qualified applicants from a range of different backgrounds, but has a pattern of only hiring applicants that are not part of a protected class, this is discriminatory behavior.

What if My Former Employer Prevented Me From Being Offered a Job?

Oftentimes, an employer will contact the applicant’s former employer to verify employment history, job titles, dates of employment, and whether they would recommend the applicant. While former employers are legally permitted to provide this information, they may not make discriminatory comments or take action against you that would prevent you from being hired, including the following:

Retaliation: Employers are legally prohibited from retaliating against former employees who have been fired, demoted, or otherwise penalized for reporting harassment or discrimination in the workplace. If you were not hired for a position, and you found out that your former employer lied about why you were terminated, or provided inaccurate information about your reputation, you may have a valid retaliation claim.
Blacklisting: This is the practice of actively preventing an employee from getting a job. If your former employer made false statements to your prospective employer, urging them not to hire you, this can jeopardize your ability to seek employment.
Defamation: If your former employer made false statements to the person conducting the interview, which prevents you from being offered the job, you may have a defamation claim.

Frequently Asked Questions:

How Do I Prove a Hiring Discrimination Claim?

In order to successfully prove that you were discriminated against during the hiring process, you will need to provide substantial evidence to support your claim, including the following:

Direct evidence: This is evidence that directly proves or disproves a disputed fact. It includes explicit statements, emails, or direct testimony from the employer revealing discriminatory intent. This is the strongest form of proof, although it is rare. For example, if a hiring manager sends an email to Human Resources saying, “I do not recommend this candidate because she has young children, and I question her level of commitment to the job,” this is an example of hiring discrimination.
Circumstantial evidence: This is indirect proof that requires reasoning or inference to connect it to a conclusion of fact. Examples of circumstantial evidence in hiring discrimination include:
– A highly qualified female applicant is passed over for a position that is given to a less qualified male applicant.
– A female applicant is offered a position, but the job offer is rescinded after the applicant discloses her pregnancy.
– Despite having a hiring policy that requires employers to interview candidates from all protected classes, the interviewer ignores the policy when making hiring decisions.
Comparative data: This demonstrates a pattern of discriminatory behavior by showing how the employer treated you differently from other job applicants. For example, if you are able to prove that you were not hired for a position that you were more than qualified for, but the job was offered to a less-qualified candidate from a non-protected group, this will support your claim.
Documentation: If the job posting, application materials, rejection letter, or any other communication you received from the employer contained discriminatory language, this can be used as evidence to prove your claim.
Witness statements: If there were other applicants, employees, or other individuals present during the interview process who observed the discriminatory behavior and can corroborate your claim, this can be very valuable evidence. Ask if they would be willing to provide a statement and get their contact information.

What Steps Do I Take if I Experienced Discrimination During an Interview?

If you were passed over for a position after a prospective employer asked you offensive or discriminatory questions during the interview process, there are a number of steps you should take to prove discrimination in the hiring process and ensure that your legal rights are protected, including the following:

Make sure that you keep copies of all job postings, rejection letters, and any other documents that may include discriminatory language or that could help support your claim.
Keep detailed notes about the comments that the interviewer made that were inappropriate, offensive, or discriminatory. Document exactly what was said and the name of the person who said it.
Talk to witnesses who were present at the interview, or who may have overheard the discriminatory comments. Ask if they would be willing to share their perspective.
File a claim with the appropriate federal or state agency. You may file a discrimination complaint with the Equal Employment Opportunity Commission (EEOC) or the Pennsylvania Human Relations Act (PHRA).
Contact an experienced discrimination lawyer who will help you file the complaint, gather the evidence necessary to support your claim, and negotiate the best possible settlement outcome.

What Damages Am I Entitled to in a Hiring Discrimination Complaint?

If you believe that you were passed over for a job due to your gender, religion, race, disability, or any other protected class, a successful hiring discrimination claim will ensure that you recover the following damages:

Lost wages associated with the failure to hire.
“Compensatory” damages, including pain and suffering, humiliation, and damage to your reputation.
“Punitive” damages if the employer’s actions were particularly malicious.
Lawyer fees and other legal costs.

Our Philadelphia Discrimination Lawyers at The Gold Law Firm P.C. Represent Victims of Hiring Discrimination

If you experienced discriminatory behavior or were asked inappropriate questions during an interview, do not hesitate to contact our Philadelphia discrimination lawyers at The Gold Law Firm P.C. Prospective employers are prohibited from making these types of comments. Our highly skilled legal team will assist you with the process of filing a complaint and pursue the maximum damages to which you are entitled. To schedule a free consultation, call today at 215-569-1999 or contact us online. With office locations in Philadelphia and Pennsauken, New Jersey, we proudly serve clients in the surrounding areas.