Employee Rights: During the Hiring Process

Should an employer fail to adhere to proper guidelines during the hiring process, it could leave itself vulnerable to potential liability for discrimination. By knowing what your rights are, you can ensure your employer is not acting unlawfully towards you in their hiring practices. Here are the most important rights you need to be aware of.

Your Legal Rights During the Hiring Process Regarding…

• Background checks – Federal laws limit the degree to which potential employers can use background checks as a basis for their hiring practices. The Federal Bankruptcy act, for instance, makes it illegal for an employer to base a hiring decision off a bankruptcy in a candidate’s past. However, when conducting criminal background checks, employers may restrict their hiring to only individuals who haven’t ever been convicted.
• Interviews – Most topics are free for employers to ask upon during the interview process. But there are some areas employers would do well to avoid in distancing themselves from a possible discrimination lawsuit. Specifically, you may have the right to pursue a discrimination case if an employer asks questions about your:
  • Religious preferences
  • Sexual orientation
  • Race
  • Age, unless the job requires you to be over 18
  • Marital status or plans regarding having children

When an employer decides not to hire someone based on a factor listed in the anti-discrimination laws, that’s employment discrimination. In addition to federal laws, Texas employees are protected by both the Texas Labor Code and the Texas Workers’ Compensation Act. If you believe an employer may have based a hiring decision on one or more immutable characteristics, contact a local employment lawyer.

Dan A. Atkerson is a Dallas employment lawyer who fights passionately on behalf of victims of hiring discrimination and other forms of workplace injustice.