Does A Job Applicant Have Employment Rights?
Job applicants and candidates have rights under state and federal law that protect them from employment discrimination. Specifically, job applicants are protected from discrimination based on their race, color, religion, national origin, sex, disability, and age. Some of the key things that job applicants should know about their rights against employment discrimination include:
The hiring process: Employers are prohibited from discriminating against job applicants at any stage of the hiring process, including job postings, applications, interviews, and job offers.
Pre-employment testing: Employers may use pre-employment testing as part of the hiring process, but these tests must be job-related and nondiscriminatory.
Accommodations for disabilities: Employers are required to provide reasonable accommodations to job applicants with disabilities unless doing so would cause an undue hardship for the employer. Examples of accommodations may include providing a sign language interpreter for a job interview or allowing a job applicant to complete a written test instead of an oral one.
Retaliation: Job applicants are also protected from retaliation for asserting their rights against employment discrimination. If an employer takes adverse action against a job applicant for complaining about discrimination or participating in a discrimination investigation, the job applicant may have a claim for retaliation.
If a job applicant believes that they have been the victim of employment discrimination, they should consult with an experienced employment discrimination attorney to understand their legal options. A discrimination attorney can help the job applicant understand their rights under state and federal laws, investigate the discrimination, and pursue legal action if necessary.
Damages You May Be Able To Collect
It is also worth noting that job applicants who have been the victim of employment discrimination may also be entitled to recover damages through a lawsuit. The types of damages that a job applicant may be able to recover include:
Lost job opportunities: If the job applicant was not hired or was not given the opportunity to interview for a position due to discrimination, they may be able to recover damages for lost job opportunities.
Out-of-pocket expenses: If the job applicant incurred expenses while applying for the job, such as travel expenses or fees for professional certifications, they may be able to recover these expenses as damages.
Emotional distress: Just like employees, job applicants can also experience emotional distress as a result of discrimination. If a job applicant suffered emotional distress as a result of discrimination during the application process, they may be able to recover damages for their pain and suffering.
It is important to note that job applicants may have a more difficult time proving damages than employees, as they have not yet begun working for the employer. However, an experienced employment discrimination lawyer can help job applicants understand their legal options and work to protect their rights throughout the legal process.
