Best Ohio Employment Discrimination Attorney Answer: Can a company consider my disability when making a hiring decision? Is it legal to discriminate against women in hiring? How do I know that my race wasn’t a factor in deciding not to give me the job?
The way employees are being hired is changing every day, but the laws that protect against discrimination in the hiring process remain firm. Our employment law attorneys have blogged about discrimination claims that arise out of a refusal to hire before. (See Can An Employer Discriminate When Hiring? – Call The Right Attorney; My Job Has Won’t Hiring Racial Minorities And Women.; Law: Can An Employer Refuse To Hire Me Because I’m Pregnant?; Can An Employer Refuse To Hire Me Because I’m Transgendered?; and Can An Employer Not Hire Me Because I Have Cerebral Palsy?)
Switch is the hot new social media app being used by job hunters and employers alike. Switch operates just like Tinder, but for job hunters and employers. The app strives to provide hiring managers and job hunters a streamlined way to connect and a new platform for more personal interactions. CEO and Founder Yarden Tabmore pitched the app as an alternative to massive online job search engines like Indeed.com or Monster.com. The massive online search engines can send hundreds of resumes to an employer a day, Switch pairs down the applicants based on pre-determined qualifications.
Job hunters set up a profile on the app using their LinkedIn profile information. Potential employers set up their own profiles listing information about their company and the jobs they have available. Complex algorithms then “match” potential employers with job hunters. Hiring managers have access to a limited profile that includes highlights of job hunter’s resume. Potential employers can swipe left to reject a potential candidate or swipe right to further interact with the candidate. Potential employers do not have to specify a reason as to why they swipe left, rejecting a particular job hunter. Candidates’ complete profiles, including a profile picture, are then provided to the hiring manager.
After swiping right and viewing the job hunter’s more complete profile, the employer can directly message the potential employee to gage interest or bring the person in for an interview.
This is where candidates can face potential discrimination. Since the hiring manager has direct access to information about the candidate over that they might not otherwise be able to ask before an interview, potential employees face the increased chance of being discriminated against. Employers may not refuse to hire a potential employee based on membership in a protected class. (See Title VII of the Civil Rights Act of 1964 (race/color, religion, gender/sex, national origin discrimination), the Age Discrimination in Employment Act of 1967 (“ADEA“) (age discrimination), the Americans with Disabilities Act (“ADA“) (disability discrimination), Pregnancy Discrimination Act of 1978 (“PDA“)(pregnancy discrimination), and Ohio Rev. Code § 4112). (See also I Didn’t Get The Job Because I’m Too Old. I Need A Lawyer!; What Should I Do If I Was Rejected For A Job Because I’m Black? I Need A Lawyer!; Discrimination: Refusal to Hire). Switch can provide information that a hiring manager would not otherwise have access to before engaging in an interview.
According to Tabmore,”…the site hosts recruitment personnel from more than 1,000 companies – chief among them, Amazon, Facebook, eBay and Walmart …to include retail, sales and finance” USA Today Article Over 1,000 employers now have the opportunity to illegally screen candidates before even bringing them in for an interview, in the same superficial way Tinder users screen potential dates.
Sometimes you may not know if the refusal to hire you was discriminatory. But, if you even suspect that you were not hired because you are Black; a woman; Muslim; or disabled, your best course of action is to consult a top employment discrimination lawyer.
If you are searching “I need a lawyer because I have been wrongfully fired or terminated;” or “I have been discriminated against based on my …” race, national origin, gender, age, religion or disability; or even think that you might need an employment lawyer, then it would be best to call the right attorney to schedule a free and confidential consultation at 866-797-6040. Spitz, The Employee’s Law Firm and its attorneys are experienced and dedicated to protecting employees’ rights and solving employment disputes.
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