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Discrimination During the Interview or Hiring Process

New York City Attorneys Advocating for the Rights of Workers

Few things are more nerve-racking than going through an interview for a job that you either desperately need or have always dreamed of getting. Even if someone is qualified, professional, and a great fit for the role, some employers unfortunately engage in discriminatory behavior when reviewing candidates for an open position. This wrongful conduct can cover a broad range of areas, including race, gender, age, and sexual orientation. To combat this, federal and state laws protect potential employees even in the hiring process. At Phillips & Associates, our employment discrimination lawyers can help job applicants in New York City seek justice and compensation if they have been inappropriately treated.

Some common forms of discrimination during the hiring process include:

  • Age discrimination
  • Criminal conviction discrimination
  • Race discrimination
  • National origin discrimination
  • Pregnancy discrimination
  • Family responsibility discrimination
  • Sexual propositions
  • Disability discrimination
  • LGBT discrimination
  • Quid pro quo sexual harassment
Bringing a Claim Against an Employer for Hiring Process Misconduct

New York City has enacted broad protections for its residents, especially when it comes to discrimination. In 2013, for example, the New York City Council passed a piece of legislation that prohibits employers from basing a decision about whether to hire someone on that person’s status as unemployed. Employers may face penalties if they are found to have discriminated against an applicant based on his or her unemployment status.

This law is designed to encourage employers to consider unemployed applicants fairly. In many cases, the reason that the applicant is unemployed was out of his or her control, making an employer’s bias against hiring that person unfair and unproductive. There are a few exceptions to this law, allowing employers to consider unemployment status if a substantial job-related reason for the status exists, or when the employer asks about the circumstances involved with the applicant’s separation from his or her prior employment.

In addition to unemployment status protection, New York recognizes other forms of discrimination during an interview, including sexual and gender-based biases, age discrimination, and race discrimination. Although employers may try to be crafty in how they go about asking discriminatory questions, their biases may be identified if you are alert. Any questions that touch on your ethnic or racial background, the country you came from, or the religion that you practice may harbor a discriminatory intent. Also, an employer’s questions about your age or dating status may seem innocent, but they might actually be made for the purpose of determining whether you are too old or too young for the position, or what your sexual orientation might be.

If you are denied a position after being asked for this type of information, you may be able to bring a claim alleging that you were not chosen for the job based on the employer’s discriminatory actions.

Legal Guidance in New York City for an Employment Discrimination Claim

People who have been denied a job because of an employer’s discrimination during the interview or hiring process may be entitled to compensation. Federal, state, and city laws are designed to protect prospective employees and ensure that employers are fair and unbiased during the hiring process. At Phillips & Associates, our employment discrimination and wrongful termination attorneys have guided many New York City residents in bringing a claim against an employer for unlawful conduct, and we are ready to do the same for you. We proudly serve job applicants throughout the five boroughs of the city, including Manhattan, Queens, and the Bronx as well as in Westchester County and Long Island. Call us at (212) 248-7431 or contact us online to set up a free consultation.

What Our Clients Say?
"Phillips & Associates did a wonderful job. I would recommend Brittany Stevens." Angel
"Employment dispute I had a dispute with my former employer, Jesse Weinstein was patient and thorough with my case. He covered every angle and was able to help me with my dispute. I would recommend Jesse Weinstein and Phillips and Associates in the future to anyone." Margaret
"Hands down the best law firm for labor disputes in NYC. Being in the restaurant industry for more than 30 years I can say that this law firm is the number one choice for workers in the restaurant business that need to sue their company for wrongful termination. A special compliment to my lawyer Brittany Stevens. An amazing person and well prepared experienced lawyer. She was professional and empathetic to my case and worked in a time appropriate manner. She never miss a phone call at any hour of the day. Brittany and her team helped me with what I needed, when I needed it. I want to thank them all (especially Brittany), for a job well done." Massimo
"Jesse Weinstein handled my discrimination case. He was extremely patient and understanding throughout the process and remained professional and consistent even when I could not. I really felt like he had my back and I didn't have to worry. His expertise, combined with the experience of the Firm, resulted in the best possible outcome of my case. Although I wouldn't wish what I went through on anyone, things do and always will happen and I would highly recommend Jesse and this Firm to anyone facing discrimination or other workplace issues." Karen
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