Riverside Failure to Hire Employment Lawyer
Protecting Worker Rights Across Southern California
Employers can lawfully choose whom to hire based on just about any reason. There’s nothing illegal about choosing to hire a friend or relative over a stranger or refusing to hire someone just because the interviewer did not like their personality. A company cannot, however, base a hiring decision on discriminatory reasoning.
If you were refused a position at a company based on your race, gender, sexual orientation, or other protected characteristic, you’ve been subjected to unlawful employment discrimination, and you have the right to fight back. We can help.
The compassionate, knowledgeable employment discrimination attorneys at Ochoa & Calderón are ready to help you protect your rights and your dignity. You may be entitled to compensation or even a job offer, and we can help you ensure that the company stops its discriminatory conduct in the future.
Unlawful Reasons for Failure to Hire
Under most circumstances, employers are free to choose whom to interview and hire. A failure to hire, like a decision to terminate an employee, is only against the law when the reasons for failing to hire fall within certain unlawful categories.
Unlawful failure to hire occurs when the decision is based on illegal discrimination. Under California’s Fair Employment and Housing Act (FEHA), for example, it’s illegal for an employer to refuse to hire a prospective employee based on any of the following:
- Age (over 40)
- Race, ethnicity, skin color, national origin, or ancestry
- Marital status
- Gender or sex
- Sexual identity, gender identity, or gender expression
- Sexual orientation
- Disability, whether physical or mental, or other medical condition
- Pregnancy or childbirth
California’s Fair Chance Act and Criminal History
In 2018, California lawmakers enacted the Fair Chance Act. The law was passed to help ex-convicts obtain gainful employment. Previously, many employers would screen out any applicants with a criminal history, refusing to even interview otherwise qualified candidates based solely on having any criminal conviction.
Now, under the Fair Chance Act, employers are not allowed to ask prospective hires about their criminal history before making a job offer. Once an employer has made a hiring decision, they are allowed to ask about the applicant’s criminal background, and they can even take back the job offer based on that criminal history.
If an employer decides to withdraw an offer based on the applicant’s criminal history, they must make an individualized determination based on the applicant’s entire package, notify the applicant about their preliminary decision to take back the offer, and give the applicant an opportunity to explain and provide additional information.
If you have a criminal history and believe you were unlawfully denied even the chance to be considered for a job, talk to an experienced California failure-to-hire attorney.
Proving Unlawful Failure to Hire
Proving that you were the subject of illegal employment discrimination can be difficult, especially when the conduct simply involved the employer not hiring you for a position. Sometimes, discrimination is clear, e.g., your interviewer explicitly asks you unlawful questions, such as whether you have or plan to have children, when your family “came to the United States,” what church you attend, or your exact age. These questions clearly indicate that the interviewer was including considerations in their decision-making process that are illegal.
If there was no clear evidence of discriminatory conduct or intent, there may still be evidence of unlawful employment discrimination. Proof that you might have been subject to an illegal failure to hire might include:
- Evidence the company has few or no employees that share your protected characteristics;
- Evidence the company interviewed very few candidates with your protected characteristics;
- Different treatment between you and other applicants, such as a more extensive background check, additional tests or evaluations, or a demand for higher, unreasonable qualifications;
- Comments or questions from the interviewer or other supervisors evidencing an intent to create a certain type of atmosphere at work (e.g., “We’re looking for a young, hungry workforce” might indicate age discrimination).
If you suspect discrimination but cannot find overt evidence, you’ll need help from an experienced employment discrimination and failure to hire attorney. Your lawyer will help you find evidence sufficient to prove your claims and demonstrate that the company has a pattern and practice of discrimination and that you were a victim of that discrimination.
Failure to Hire and Workplace Discrimination Attorneys Serving Riverside and Southern California
If you have been refused a job in violation of California state or federal law, reach out to Ochoa & Calderón for a free consultation. We take appropriate cases on a contingency fee basis, meaning we only charge a fee if we are successful on your behalf, and our fees come as a percentage of the amount we recover for you. You’ve got nothing to lose by calling now, but you could miss out on enforcing your legal rights if you wait too long.