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Protecting Your Rights during the Hiring Process

Under state and federal and even some local laws, you have extensive protections during the job application and hiring process. Depending on a variety of factors, from how a job was advertised to what was said during an employment interview, you may be able to take legal action if you were not hired for a specific position.

Factors That May or May Not Exclude You from Consideration

There are federal statutes that govern employment decisions, and must applied uniformly throughout the United States. Hiring decisions that violate the Americans With Disabilities Act, the Age Discrimination in Employment Act, the Fair Labor Standards Act of 1938 and Title VII of the Civil Rights Act of 1964, or other federal anti-discrimination laws will provide injured parties with a legal basis for a lawsuit. Furthermore, many states have expanded the reach of anti-discrimination laws to cover hiring decisions based on sexual orientation, gender identity, pregnancy status and other factors.

Additionally, a prospective employer may or may not be prohibited from using certain criteria to make a hiring decision, based on state laws. These may include:

  • Prior criminal record
  • Creditworthiness
  • History of filing workers’ compensation claims, or of reporting employer misconduct

Learn more about the hiring process by visiting the following sections:

Job Advertising and Applicant Screening
Employment Contracts, Benefits, and Job Descriptions
Hiring Teenagers, Veterans and Part-Time Workers
Hiring Resources and Definitions