By Timothy Garret
Disclaimer: The information presented below lists down some of the things that you could do if you’ve been discriminated against when looking for employment and isn’t meant to replace traditional legal advice. Seeking counsel from an employment lawyer is strongly advised.
Finding a job is hard. There are hundreds of applicants vying for the same position as you do. And on top of that, you have to undergo several interviews before you can land that much-coveted job. Despite all that, you’ve managed to pass all the preliminary interviews done to you. But come your final interview, your potential employer asked you questions that you felt were discriminatory. If you’ve had it happen to you as a job seeker, you would want to know the following things that you could do if you’ve been discriminated against when looking for employment:
If you’ve collected enough evidence to prove that an employer discriminated against you, you can file a formal complaint against them.
It may be rather difficult to prove that an employer had discriminated against you, especially if they can simply use an alibi like they decided to hire somebody else who they believe is a perfect fit for their company.
While most other job seekers would simply choose to apply again to another company, you simply can’t afford to let discriminating employers continue depriving highly qualified applicants like you a fair shot at getting a job.
Thus, you would want to seek an employment lawyer who can help you collect evidence to incriminate the employer who discriminated against you and file a formal complaint to the United States Equal Employment Opportunity Commission or any of its attached state agencies nearest you.
The discrimination complaint that you’ll be filing to the United States Equal Employment Opportunity Commission or any of its attached state agencies nearest you should contain the following:
Your name, address, and phone or mobile number
A brief description of the incident wherein you believe you were discriminated against by the employer
The specific reason why you believe you were discriminated against by the employer
Your signature or your lawyer’s signature
You only have 180 days to file your complaint with the United States Equal Employment Opportunity Commission or any of its attached state agencies nearest you. Failure to meet the said deadline may block you from making the employer liable for discriminating against you
The United States Equal Employment Opportunity Commission or its attached state agency has 180 days as well from the time that you filed your complaint to conclude its investigation into your claim.
The investigation conducted by the United States Equal Employment Opportunity Commission or its attached state agency where you filed your complaint has the right to extend it for another 180 days in any of the following instances:
You suddenly remembered another event wherein the same employer who you filed a complaint against had performed another act of discrimination against you and decided to include it in your original complaint, or
You filed a brand new discrimination complaint against the same employer.
The United States Equal Employment Opportunity Commission or the attached state agency where you filed your formal complaint may ask you and the employer who discriminated against you to settle out of court.
Once the United States Equal Employment Opportunity Commission or its attached state agency where you filed your complaint against the employer who discriminated against you had finished its investigation into your claim, it would try to get you and the employer to settle without having to undergo any trial at all.
The United States Equal Employment Opportunity Commission or its attached state agency where you filed your complaint against the employer who discriminated against you might then award you your rightful monetary compensation to help alleviate the pain and suffering that the said offense gave you.
You’re only allowed to skip this step if you and your employment lawyer had filed a complaint against the employer who discriminated against you due to your old age.
If you feel that the United States Equal Employment Opportunity Commission didn’t have your best interests in mind at all, you can file a lawsuit against the employer who discriminated against you.
While not typically pursued as a course of action, you can sue the employer who discriminated against you.
If you win your lawsuit against the employer who discriminated against you, the judge who decided on your case can require them to hire and compensate you.
However, as mentioned earlier, letting your discrimination complaint undergo trial takes too much time and is an expensive option to consider.
Thus, filing a lawsuit against the employer who discriminated against you should only be considered as a last resort measure when all the other items listed above have failed.
According to a study published last 2017, if you’re an African American, the likelihood that you’ll get hired in a job that you’re applying for is still as significantly low as it was in 1989. But whether because of your race or any of the various types of discrimination that your potential employer might have used against you during your job interview with them, you can take note of the above-listed things that you could do if you’ve been discriminated against when looking for employment. And to further assert your legal rights as a job seeker, you should consult an employment lawyer who can help you make the employer who discriminated against you liable under the law. You may also obtain more information on the subject if you click here.
Timothy Garret
Timothy is a budding law writer who enjoys all aspect of the law industry. He's currently studying to become a lawyer and is applying his law knowledge into what he writes about. He spends time with his friends and swimming in his spare time.