Reasons for Contacting an Employment Lawyer (as a Job Seeker)

The following post features Reasons for Contacting an Employment Lawyer (as a Job Seeker).

If you’re actively applying for jobs and suspect you’ve been treated unfairly or unlawfully during the hiring process, you’re not alone – and you’re not without options.

Read: Understanding Age Discrimination and How to Handle it

Related: Asking Someone to Be Your Job Reference

Whether you’re being ghosted after disclosing a disability, asked inappropriate interview questions, or repeatedly seeing biased job ads, it’s worth considering whether legal guidance could help.

Here’s what you need to know.

Overview

While most discussions about employment law focus on problems that arise after you’re hired, job seekers have rights too. Federal and state laws protect applicants from discrimination, retaliation, and other forms of mistreatment during the vetting and hiring process.

This article covers the top reasons job seekers may want to consult an employment attorney, with a specific focus on discrimination and unfair treatment before getting the job.

Discrimination Based on a Protected Characteristic

If you believe you were passed over for interviews or job offers because of your age, race, gender identity, disability, religion, or other protected trait, you may have a case for hiring discrimination.

An employment attorney can help determine if your situation qualifies as unlawful discrimination under the Equal Employment Opportunity (EEO) laws. They can also guide you in documenting your case, pursuing a claim, and filing with the EEOC if appropriate.

Illegal or Inappropriate Interview Questions

Job applicants are sometimes asked invasive questions that violate employment law. Examples may include questions about marital status, family planning, religion, age, or disability.

If you’ve been subjected to such questions, an employment attorney can evaluate whether the conduct crossed a legal line and help you decide how to respond – either informally or through a formal complaint.

Below is a screenshot from a Reddit forum discussion about this topic.

Discriminatory Job Posting or Hiring Process

Sometimes, the first signs of hiring discrimination show up in the job posting itself. Vague or unnecessarily restrictive requirements may be used to limit applicants based on race, gender, disability, or other protected characteristics – even if those traits are never mentioned outright.

In other cases, the application process may involve biased screening tools, such as automated resume filters that unfairly exclude candidates based on age-coded terms or lengthy personality assessments that disproportionately disqualify neurodivergent applicants.

Suspected Retaliation

Retaliation isn’t just something that happens to employees. Job applicants are also protected from retaliation if they engage in legally protected activity, such as reporting suspected discrimination or requesting a reasonable accommodation during the hiring process.

For example, if you voiced a concern either casually or via a formal complaint. Then suddenly, you were ghosted, removed from consideration, or given vague excuses. You may be experiencing unlawful retaliation which is subject to protection under employment law.

In Conclusion

In conclusion, I hope this article helps you recognize when it might be time to consult an employment attorney during your job search. There are many grey areas in the hiring process where bias or unfair treatment isn’t always obvious – but may still violate the law. An employment attorney can help you make sense of these situations, protect your rights, and take informed action when necessary.