Equal Employment Opportunity: What Job Candidates Need to Know

When do potential employers cross the line in their questioning and hiring decisions? What can job candidates do if they believe they were wrongly passed over? Medzilla asks the experts about the rights of candidates and explains their protected statuses such as race, color, sex, religion, national origin, age and disability.

Marysville, WA (PRWEB) January 30, 2004 -- Job candidates should be aware of the federal and state laws governing the relationship between employees and employers, which make it unlawful for an employer to refuse to hire someone because of his or her age, race, color, sex, religion, national origin or disability. For instance, asking a young job candidate if she intends to get pregnant in the coming year, and then not hiring her if the response is yes" or maybe," is not only inappropriate but against the law, according to Equal Employment Opportunity (EEO) laws.

Job candidates are sometimes unaware of their rights during the hiring process," says Frank Heasley, PhD, president and CEO of MedZilla.com, a leading Internet recruitment and professional community that serves biotechnology, pharmaceuticals, healthcare and science. Employers cannot make employment decisions based on stereotypes or assumptions about people and their abilities to perform based on sex, race, age, religion ethnic group or physical or mental ability. Employers also cant deny employment to a person because he or she is married or otherwise associated to a person of a particular protected class."

There are other protected statuses, according to Vincent J. Tersigni, JD, shareholder and chair of the employment practice Buckingham, Doolittle & Burroughs in Akron, Ohio. Vietnam-era veterans [for example are also protected from discrimination."

The protected status does not mean that an employer has an obligation to hire someone because of that persons protected class; rather, the group of laws ensures that an employer is not entitled to refuse to hire a person because of those characteristics.

The U.S. Equal Employment Opportunity Commission (EEOC) and state agencies have regulations that address which types of inquires are improper for employers to make to applicants, according to Tersigni. Any question during an interview that is designed to elicit information about an employee in order to determine some of the employees characteristics in a protected class is prohibited. Making inquiries about where you go to church, or about your health status or age, are examples.

The only inquiry before an offer is made that would be proper when it comes to health status is to tell the [potential employee what the physical and mental requirements of the job are and ask if the employee has any limitations in the ability to perform those job functions," Tersigni says.

Some limitations" are physical; some are not. A candidate might have to take a class some nights and would not be able to work a night shift, or the potential employee might say he has a herniated disc in his back, which inhibits his ability to lift more than 10 pounds. If, for instance, lifting more than 10 pounds is a legitimate criteria for the job, says Tersigni, the employer would have the obligation to explore whether reasonable accommodations could be made, such as using a lifting device or having someone else assist with lifting particular objects (as long as it does not create undo hardship for the employer).

A candidates options

Job candidates who find themselves in the uncomfortable situation of having to address inappropriate questions can either defer those responses, tell employers they dont feel the questions are appropriate, or answer them and see what happens.

If you believe that a potential employer discriminated against you because of a protected status, you can file a charge of discrimination with the government on a state or federal level and the EEOC will review the case for free. Or the candidate can hire an attorney," says Michele Groutage, MedZillas director of marketing. Candidates should keep in mind that there are limits to when they can file these charges with the EEOC, usually within 180 days of the alleged discriminatory act.

Tersigni says that the agency would typically receive an individuals charge and assess it to determine whether there is cause to believe that the employer was engaging in any discriminatory practices.

Experts agree that these are generally tough cases for plaintiffs to win. The burden of proof is on the job candidate to show that the employer committed discriminatory practices by a preponderance (greater weight) of the evidence. They dont have to prove it beyond a reasonable doubt as a prosecutor would have to in a criminal case. In most discrimination cases, the employer will state legitimate and nondiscriminatory reasons for its actions and then it is incumbent upon the employee or applicant to prove that the employers reasons are false and the real reason was discrimination," Tersigni says.

Job candidates who are successful in proving their cases might be eligible for getting the job they interviewed for, receiving pay or compensatory and punitive damages, and possibly attorney fees.

Signing away your rights?

Jill Renee Gaulding, JD, associate professor at University of Iowa College of Law in Iowa City, says job candidates who sign forms agreeing that any future employment-related disputes will be resolved in arbitration sign away many of their legal options.

These forms have become popular among employers, she says. According to Gaulding, employers have the right to say that job candidates have to sign them before going through the interview process. But she is disturbed that job candidates then limit their options for a fair trial or resolution to a potential case. Those job candidates who sign the forms and later have a case are stuck with what the arbitrators decide," she says. If you are a candidate who has a lot of bargaining power," you might be able to avoid having to sign the form, according to Gaulding. If you have to sign, however, in order to have a shot at the job, Gaulding suggests that you ask yourself how badly you want the job, how likely there is to be a dispute in the future and how fundamentally important it is for you to have the court system and the law.

About MedZilla.com

Established in mid 1994, MedZilla is the original web site to serve career and hiring needs for professionals and employers in biotechnology, pharmaceuticals, medicine, science and healthcare. MedZilla databases contain about 10,000 open positions, 13,000 resumes from candidates actively seeking new positions and 71,000 archived resumes.

Medzilla® is a Registered Trademark owned by Medzilla Inc. Copyright ©2004, MedZilla, Inc. Permission is granted to reproduce and distribute this text in its entirety, and if electronically, with a link to the URL www.medzilla.com. For permission to quote from or reproduce any portion of this message, please contact Michele Groutage, Director of Marketing and Development, MedZilla, Inc. Email: mgroutage@medzilla.com.

Press Inquiries:

Contact: Michele Groutage

Company: MedZilla, Inc.

Title: Director of Marketing & Development

Phone: 360-657-5681

Email: mgroutage@medzilla.com

URL: http://www.medzilla.com

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