Bias takes on many forms. For example, a person seeking employment might face unfair treatment from an employer, recruiter or hiring manager for specific traits and characteristics that are seemingly irrelevant to the job. Discrimination can happen to anyone, anywhere – even during the recruitment process.
How does discrimination manifest in the hiring process?
Employment discrimination refers to instances when a recruiter treats potential candidates unfairly due to certain traits and characteristics. There are specific traits under the protection of the Equal Employment Opportunity Commission (EEOC), which include:
- Race
- Religion
- Sex (including pregnancy, sexual orientation and gender identity)
- National origin
- Age (40 and older under the ADEA)
- Disability
- Genetic information
Retaliation for asserting one’s rights is also prohibited. By targeting protected characteristics, employers can discriminate against applicants. There are many ways they can accomplish this:
- Probing questions: An interviewer might ask an applicant questions aiming at traits under EEOC protection and use their answer to disqualify them from a position.
- Exclusive requirements: Some recruiters include specific requirements that might be unrelated to the job. This includes age ranges to discourage certain applicants, even if they have the qualifications for the role.
- Comments that reveal bias: A recruiter might make comments that indicate selective scrutiny. For example, they might mention that a candidate is “well spoken” or “has an accent” if they are a person of color.
Another sign of discrimination is if a recruiter shifts goalposts in favor of certain groups, allowing them to justify excluding specific people. If a woman does well in her interviews, a recruiter might change the criteria to favor other people. For example, the ideal culture fit might suddenly shift to someone who “enjoys drinking beer over baseball games,” which reveals a potential bias towards men.
What to do if there is discrimination during recruitment
If a recruiter is discriminating against candidates for traits under the protection of the EEOC, it is important to gather proof and evidence. Write down dates, names, questions from the recruiter and the answers a candidate gave.
Applicants who can prove that they lost an employment opportunity due to factors with no relation to the job may be eligible to seek damages by filing a report with the EEOC, typically within 180 days of the discriminatory act. Remedies may include back pay, reinstatement, injunctive relief, and compensatory or punitive damages in some cases. Candidates should consider contacting the EEOC or an employment attorney promptly.
Being denied the same employment opportunities as other people because of one’s sex or skin color can be an emotionally exhausting experience. By being aware of the many ways potential employers can discriminate against them, victims of discrimination can report prejudiced companies to the EEOC and help prevent other people from receiving the same unfair treatment.