Trusted Legal Advocacy

What hiring practices can be discriminatory?

On Behalf of | Jan 23, 2024 | Employment Law, Workplace Discrimination

An organization’s hiring process can have multiple steps focused on gathering information about applicants. However, these procedures can be discriminatory based on the circumstances. What might seem like a routine procedure can adversely affect capable candidates. If the criteria used for selection are irrelevant, it can be a subtle form of discrimination.

There are many ways the hiring process can be discriminatory. If the company uses an unethical basis to filter out applicants, the following common practices can potentially be unlawful and unreasonable:

  • Preferences indicated in job postings
  • Gathering referrals from specific groups
  • Conducting background checks before the job offer stage
  • Having severely unequal compensation and benefits based on race, color, religion and other irrelevant qualities
  • Using illogical qualifications when choosing people for training
  • Unfair employment terms and conditions
  • Discriminatory pre-employment questions

Generally, a procedure can be discriminatory if it uses non-professional characteristics to vet applicants. Timing is also a crucial factor. Some inquiries can be inappropriate during the pre-offer stage. After offering the job to a specific candidate, it can be ethical to ask for more information about them, especially if it involves any reasonable accommodation they may require once they begin their employment.

Navigating the hiring process appropriately

Both employers and employees should know what is appropriate during the hiring process. Learning about these scenarios and whether they are proper can help employees exercise their rights if necessary. Awareness can also help employers adjust and improve their procedures in compliance with the law.

If an employee experiences this form of discrimination when applying for a job, it can be helpful for them to seek legal counsel. Doing so can help determine their options and address any issues according to the circumstances.