Job Applicants Versus Employees: Do Rights Change?

Employment discrimination laws that provide protections in Florida do more than provide protections to employees. To be sure, the Florida Civil Rights Act (FCRA) and several federal laws, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA) protect job applicants from employment discrimination, as well. And, in some cases, former employees even have protections under state and federal laws that prohibit employment discrimination.

Recognizing that job applicants and employees alike have rights under state and federal laws that protect against unlawful employment discrimination, you may be wondering: are rights or protections different for job applicants than for existing employees? In short, the answer is no — both have robust protections, and an experienced Palm Beach Gardens employment discrimination lawyer can explain in more detail.

You Do Not Need to Be a Current Employee to Experience Unlawful Employment Discrimination 

Under state and federal laws cited above that protect against unlawful employment discrimination, you do not need to be a current employee to have those protections — you can also be a job applicant who is never offered the job. Depending on the situation, you may not even have been interviewed for the job or had any contact with the employer to be eligible to file a claim. And it is important to know that job applicants have the same level of protections as existing employees — protections are not reduced for job applicants.

Job applicants can face employment discrimination in a range of ways and based on many different types of protected characteristics. For example, a job ad itself might violate employment discrimination laws by advertising for job applicants of a particular sex, race, or religion — an applicant might not even be considered for a job to have a claim. Or, for instance, a pregnant job applicant might get to the final interview stage at which point the employer decides not to make an offer because of the applicant’s pregnancy. This applicant, too, may have a valid discrimination claim.

Job Applicants, Employees, and Some Former Employees May Be Eligible to File a Claim 

Just as job applicants and employees alike have a range of protections against employment discrimination under state and federal law, some former employees may also retain certain protections depending on the reasons they no longer work for the employer.

If a former employee no longer works for an employer due to wrongful termination or retaliation — and even in some cases where the employee resigned in a manner that constitutes a constructive discharge — the former employee may still be able to file a claim.

Contact Our Palm Beach Gardens Employment Discrimination Lawyers 

Unlawful employment discrimination can occur whether you are a job applicant or a current employee, and you may even be able to file a claim in some cases as a former employee for wrongful termination. If you have any questions about your rights under federal or state law, or if you want to find out more about filing an employment discrimination claim, you should get in touch with one of the experienced Palm Beach Gardens employment discrimination attorneys at Sconzo Law Office as soon as possible. Contact us today to discuss the details of your case and your options for seeking a remedy under state or federal law.

Sources:

eeoc.gov/statutes/title-vii-civil-rights-act-1964

eeoc.gov/statutes/age-discrimination-employment-act-1967

eeoc.gov/statutes/titles-i-and-v-americans-disabilities-act-1990-ada

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