What Rights Do I Have When I Apply for a Job?

As a job applicant, you have certain rights under federal and state laws. These laws protect you from discrimination in the hiring process and ensure that you are treated fairly.

Here are some of the most important things to know about your rights as a job applicant:

Protection Against Discrimination

Federal and state laws prohibit employers from discriminating against job applicants based on protected characteristics, such as:

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

This means that employers cannot use these characteristics to make decisions about whom to hire.

You can file a complaint with the Equal Employment Opportunity Commission (EEOC) if you believe you’re a victim of hiring discrimination.

Access to a Fair Hiring Process

Employers must follow certain procedures when hiring new employees. For example, they cannot ask questions that are not relevant to the job or that would reveal protected information (such as your age or race).

Additionally, employers cannot require you to take a pre-employment test that is not job-related or that has a disparate impact on a protected group.

Privacy

Employers cannot require you to disclose information that is not relevant to the job or that would reveal protected information. For example, an employer cannot require you to disclose your medical history or your criminal record.

Safe and Health Conditions

Federal and state laws require employers to provide a safe and healthy workplace for their employees. This includes protecting employees from hazards, such as exposure to toxic chemicals or dangerous equipment.

If you believe that your workplace is not safe or healthy, you can file a complaint with the Occupational Safety and Health Administration (OSHA).

Fair Pay Once You’re Hired

Federal and state laws require employers to pay employees for their work. This includes paying employees for overtime hours if they are eligible for overtime pay. Additionally, employers cannot deduct money from an employee’s paycheck unless it’s required by law or the employee agreed to the deduction.

If you believe that you have not been paid fairly, you can file a complaint with the Wage and Hour Division of the U.S. Department of Labor.

Protection from Harassment

Federal and state laws prohibit employers from harassing their employees. This includes extra protection in New York under the state and city Human Rights Laws.

Harassment is any unwelcome conduct linked to a protected characteristic including:

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

Access to a Grievance Process

Federal and state laws protect employees’ rights to file grievances against their employers or potential employers. A grievance is a complaint that an applicant or employee makes about workplace conditions or treatment.

If you have a grievance against your employer, you can file a complaint with the EEOC.

We encourage you to discuss any of this with the attorneys at our firm at Borrelli & Associates, P.L.L.C., contact us for a free initial consultation.