Job search discrimination and how to prove it happened

| Jan 8, 2021 | Employment Law |

Job search discrimination happens in Colorado, but it’s usually hidden. Because most employers understand that they could get in trouble for discriminating against job applicants, they will try to use vague statements about their hiring choices.

How to know if you’ve been discriminated against at an interview

If you were turned down for a job that you were very qualified for, you might wonder whether it was discrimination. Under employment law, discrimination in an interview is unlawful when it concerns one of these protected categories of personal traits:

  • Race
  • Color
  • Religion
  • Sex
  • National origin
  • Age
  • Disability
  • Genetic information

The person who interviewed you likely didn’t mention any of these protected categories or tell you how they felt about them. However, they might have asked you leading questions that encouraged you to talk about your personal traits. For example, an interviewer might ask if you speak any other languages even though a second language isn’t relevant to your job description. A question like that could be innocent, but in some cases, it may be a leading question to get you to talk about your national origin.

Establishing a pattern of discrimination

A few odd questions and uncomfortable reactions at your interview may not be enough to prove that you were discriminated against. To prove that your rights were violated, you will likely have to investigate further to determine whether the employer has a history of turning down job applicants like you. If you can find other people who had similar experiences, you may be able to prove that an employer has a pattern of discriminating against certain types of job applicants.

What you can do about job search discrimination

When an employer has a pattern of discrimination that is provable, you may be able to hold them accountable by filing a discrimination lawsuit. A lawyer may be able to help you to pursue compensation for the financial losses you endured because of the discrimination.