Q: As a job seeker, can I sue an employer who posts a discriminatory job posting?
I've encountered over a dozen so far. They ask for female _____ or a black or latinx _____ directly, for example. Some just say "preference for African American".
How the hell is this legal?
Is there no legal way to stop this blatant discrimination.
If I can sue, would I have to first file a complaint with the EEOC and get a letter of discrimination or something from them?
A:
There certainly is. You copy the posting everywhere you find it. Then you apply for the position. If you meet the posted qualifications and you are not hired you have a claim.
FYI. There are professional plaintiffs out there who look for discriminatory postings around the country and actually make a career out of filing lawsuits around the country. That is not something I would suggest or recommend because some of those folks may have other issues as well.
But discrimination is discrimination regardless of color or any other protected class of employee. Just because a prospective employee is in the majority of applicants does not mean that such an applicant can not have a potential claim of discrimination.
Remember that all discrimination claims require quite a bit more work than most employees envision. You have to be determined and willing to work hard even for a claim which may appear to be a slam dunk. They rarely are. Good luck.
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