Failure to Hire Claims: Protecting Your Rights Against Discrimination
Being denied a job can be disheartening, but when an employer refuses to hire you based on discriminatory reasons, it’s more than unfair—it’s illegal. California law prohibits employers from making hiring decisions based on protected characteristics such as race, gender, age, or disability. If you believe discrimination played a role in your failure to get hired, you have the right to take legal action. Ochoa & Calderón’s experienced attorneys are here to help you fight back and seek justice.
What Is a Failure to Hire Claim?
A failure to hire claim arises when an employer refuses to hire a candidate for reasons that violate anti-discrimination laws. While employers can lawfully choose employees based on qualifications or compatibility, they cannot make hiring decisions based on characteristics protected under California’s Fair Employment and Housing Act (FEHA) or federal laws like Title VII of the Civil Rights Act.
Protected characteristics include:
- Age (over 40)
- Race, ethnicity, or national origin
- Gender, gender identity, or sexual orientation
- Religious beliefs
- Marital or parental status
- Disability or medical conditions
- Pregnancy or childbirth
If you were denied a job due to any of these factors, you might have a valid failure to hire claim.
California’s Fair Chance Act and Criminal History
The Fair Chance Act, enacted in 2018, helps individuals with criminal histories access job opportunities. Under this law, employers cannot inquire about a candidate’s criminal record until after making a conditional job offer. If the employer decides to rescind the offer based on criminal history, they must follow strict protocols, including conducting an individualized assessment and giving the candidate an opportunity to respond.
If you believe an employer violated your rights under the Fair Chance Act, contact our failure to hire attorneys to discuss your case.
Proving a Failure to Hire Claim
Proving that discrimination influenced a hiring decision can be challenging. However, several types of evidence can support your case:
- Statements or actions suggesting bias, such as questions about your age, religion, or family plans.
- Different treatment of applicants, such as stricter qualifications or additional testing imposed on you.
- A pattern of hiring decisions that excludes individuals with your protected characteristics.
- Comments reflecting discriminatory intent, like seeking a “young, dynamic team.”
Our attorneys can gather and analyze evidence, including company hiring records and witness statements, to build a compelling case for your failure to hire claim.
Legal Remedies for Failure to Hire Claims
Victims of unlawful hiring practices may be entitled to several remedies, including:
- Compensation for lost wages and benefits
- Emotional distress damages
- Reimbursement for legal fees
- Injunctions to prevent future discrimination
- Reconsideration for the job or a similar position
By taking legal action, you not only protect your rights but also contribute to creating fairer workplaces for others.
Steps to Take If You Believe Discrimination Occurred
- Document Everything: Keep records of the job application process, including interview notes, emails, and job postings.
- Report the Issue: Notify the employer about the potential violation and seek clarification.
- Consult an Attorney: Contact a failure to hire lawyer to evaluate your claim and guide you through the legal process.
- File a Complaint: Work with your attorney to file a complaint with the appropriate agency, such as the California Department of Fair Employment and Housing (DFEH).
FAQs About Failure to Hire Claims
What qualifies as unlawful failure to hire?
Any hiring decision based on protected characteristics, such as race, age, or disability, violates California and federal anti-discrimination laws.
How can I prove a failure to hire claim?
Evidence like discriminatory statements, inconsistent treatment of applicants, and patterns of exclusion can help demonstrate unlawful hiring practices.
What remedies are available for failure to hire claims?
You may receive compensation for lost wages, emotional distress damages, and possibly reconsideration for the job or similar positions.
What is the Fair Chance Act?
The Fair Chance Act restricts employers from asking about criminal histories before making a job offer. It ensures fair consideration for candidates with past convictions.
Can I file a claim without direct evidence of discrimination?
Yes, indirect evidence like patterns of behavior or statistical disparities can support your case. A skilled attorney can help gather and present this evidence.
Contact Ochoa & Calderón for Legal Help With Failure to Hire Claims
If you believe discrimination influenced a hiring decision, don’t wait to take action. The experienced employment lawyers at Ochoa & Calderón are here to protect your rights and fight for fair treatment. Call us at 951-901-4444 in Riverside or 844-401-0750 toll-free across Southern California. You can also contact us online for a free consultation.
