Can I Prove Discrimination in Hiring?

The Florida Civil Rights Act (FCRA) and several different federal laws prohibit various forms of discrimination in hiring. What is discrimination in hiring? It refers to unlawful discrimination that happens in the job application process, when an employer is going through steps to hire a new employee for a position. To be clear, you do not have to be an employee to face unlawful employment discrimination — you may be able to file a claim if you have faced unlawful discrimination in hiring, as well. You might be wondering: if I am not actually in the employer’s workplace, or in contact with the employer or other employees, can I prove discrimination in hiring?

There are multiple ways you may be able to prove discrimination in hiring, and our experienced Palm Beach Gardens employment discrimination attorneys can assist you.

Determine If Applicable Laws Cover Your Claim 

In order to be eligible to file an employment discrimination claim for discrimination in hiring, you will need to determine if the employer is covered by state or applicable federal law. For employers to be covered by the FCRA, they must have 15 or more employees. Many federal laws protecting against discrimination in hiring also require the employer to have 15 or more employees, while others require the employer to have 20 or more employees. To determine whether the employer who discriminated against you in hiring is “covered” by state or federal law, it is important to seek advice from one of our Palm Beach Gardens employment discrimination lawyers.

Gather Evidence to Support Your Claim 

To win an employment discrimination claim based on discrimination in hiring, you will have the burden of proving the discrimination (with assistance from your attorney). Accordingly, it will be necessary to gather evidence to support your case.

There are different types of evidence you may be able to gather, even though you are not within the employment space and able to rely on internal communications or other materials that current employees may have access to. Some of the types of evidence that may be valuable in supporting your case include but are not limited to:

• Job ad that has discriminatory language in it (such as a job ad indicating that the employer prefers candidates who are younger than 40);
• Copy of any email or other communications from the employer during the application process that includes discriminatory language, or makes comments suggestive of discriminatory practices or a discriminatory perspective;
• Evidence that the employer regularly interviews a racially diverse group of job applicants but only hires white applicants (or a related scenario); and
• Testimony from other job applicants who were denied employment for the same discriminatory reason as you.

Contact a Palm Beach Gardens Employment Discrimination Lawyer 

If you think you may have experienced discrimination in a recent hiring process, it is important to discuss your situation with a lawyer to find out if you can file a claim. An experienced Palm Beach Gardens employment discrimination attorney at Sconzo Law Office can speak with you today. We are here to assist you and to answer any questions you have. Contact us for more information.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/Sections/0760.01.html