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Should You File a Failure to Hire Lawsuit?

47576345What is a Failure to Hire Lawsuit?

If you’re searching for a job you already know how stressful the experience is even under the best of circumstances. The lucky ones who manage to land their dream job after just a few interviews still must deal with stress, uncertainty, and uncomfortable or awkward situations.

But what happens when the job hunting process becomes something more than just unpleasant and the treatment you receive is breaking the law?

Finding a job is difficult enough without having to worry about hiring decisions being made based on your gender or race or religion.

If you’ve been turned down for a job because of your status in a protected class, you have a right to pursue legal action. This includes hiring decisions based on:

  • Race
  • Age
  • National origin
  • Religion
  • Gender
  • Sexual orientation
  • Pregnancy

Hiring decisions, as well as a number of decisions made once you’re employed, based on these factors, is considered discriminatory and illegal. This doesn’t mean that everyone who is a member of a protected class must be hired with no regard for qualifications. But it does mean a person’s status in a protected class must not play a role in whether or not he or she is hired.

If there is proof a hiring decision was based on a discriminatory reason, the applicant might have the opportunity to file a claim for ‘failure to hire.”

What Else Can Trigger a Failure to Hire Lawsuit in New York?

In addition to the factors listed above that are protected under federal law, New York offers protection based on a few additional factors.

For instance, if you’re not hired for any of the following reasons, legal action might be appropriate:

Poor Credit History

Employers in New York cannot run credit checks on job applicants unless they are granted express written permission to do so. Employers are also not permitted to ask applicants about their credit history or their credit scores.

It is illegal in New York for employers to judge applicants based on their credit scores when making hiring decisions.

To learn more about New York’s credit check law, check out this information from the City of New York.

Criminal History

The only time it is appropriate for an employer to inquire about an applicant’s criminal history is after he or she has been given a conditional offer of employment. Federal law offers only limited protection to those with a criminal history, so New York’s law substantially increases the protection available. This limitation only applies to employers with four or more employees.

This doesn’t mean a potential employer won’t find out about your criminal history, but they aren’t permitted to ask or run a background check until after they’ve extended you an offer.

Workers’ Compensation Claims

New York provides protection to job hunters who have filed workers’ compensation claims against previous employers. It is illegal for an employer to refuse to hire an applicant due to a past or existing workers’ compensation claim.

This prevents an employer from turning down an applicant because they view the applicant as difficult or troublesome based on the existence of a claim.

Working with an Attorney Who Understands Failure to Hire Lawsuits

Working with an attorney is one of the smartest things you can do if you believe you have wrongly been denied employment in New York. A legal professional familiar with New York’s laws is going to be a valuable resource for you during this difficult time.

For more information or to speak to someone about filing a failure to hire lawsuit in New York, contact Borrelli & Associates, P.L.L.C. for more information.

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