Again the telephone rang and the same voice at so-and-so incorporated answered with the same greeting. This time a voice sounding a lot like my grandmother in St. Augustine, Florida requested more information on the same position. Again the hiring department responded "Sorry, the position has been filled."
Again the telephone rang and the same voice at so-and-so incorporated answered with the same greeting. This time a woman with a thick Jamaican accent requested more information on the same position. Again the hiring department responded "Sorry, the position has been filled."
Finally, the telephone rang and someone sounding a lot like me (white and male) requested information on the same position. This time the hiring department said, "Can we set up a time for you to come in and interview for the job."
The actions taken by so-and-so incorporated in this scenario are illegal.
Employment Discrimination
The Civil Rights Movement of the 1960's laid the foundation for the Federal and State employment discrimination laws we have today. Title VII of the Civil Rights Act of 1964 bans discrimination based on race, national origin, gender, and religion. Title VII applies to employers with fifteen or more employees and prohibits such employers from refusing to hire; disciplining; firing; failing to promote; demoting; harassing or failing to provide equal pay to an employee based on the employee's race, national origin, gender, and religion.
In addition to Title VII, the Age Discrimination in Employment Act (ADEA) prohibits any employer with twenty or more employees from discriminating against employees or applicants who are over the age of forty. An employee may bring a cause of action against an employer under the ADEA if the employee is fired or forced to retire and replaced by a younger employee.
Americans With Disabilities Act
The Americans With Disabilities Act (ADA) prohibits discrimination against those who are disabled. This applies to employers with more than fifteen employees. To fall under ADA protection, an employee or applicant must show that he or she (1) is disabled; (2) has a history of being disabled; or (3) was regarded by the employer as being disabled.
If an employee or applicant can prove one of the these three criteria, the employee is entitled to ADA protection which includes having the employer provide "reasonable accommodation" for the disability. Reasonable accommodation may be unpaid time off from work, a modified work schedule or work duties, or special devices that will help the employee in the performance of his or her job duties.
If you feel you have been discriminated against based on race, national origin, gender, religion, age or disability contact one of the attorneys at the top of this page.
