Albany, NY asked in Employment Discrimination and Employment Law for New York

Q: How do I prove discrimination in the hiring process?

How do I prove discrimination in the hiring process?

1 Lawyer Answer
V Jonas Urba
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  • Employment Law Lawyer
  • Licensed in New York

A: No employment discrimination case is easy to prove. Failure to hire cases are especially difficult.

You must show some type of discriminatory animus or motive not to hire you. And you must be at least minimally qualified to meet the essential job duties for the position.

We begin with your job application. Many employees fail to image or copy or retain copies of their application. That's where the analysis begins. If you provided a resume does it match the application and is it completely accurate and truthful? Those are the easiest ways to discard an applicant although there are many more.

You absolutely need the position description or the minimum necessary qualifications for the job.

You may have been tested maybe with artificial intelligence screening. That's an entire college degree to understand by itself.

If you applied for a government job you can at least FOIL or FOIA the successful candidate and compare their credentials to yours and to what the job requires.

This can go on and on. It's substantial work.

It's very rare for any employer to interview an applicant and tell them they are the wrong race, color or gender. It's extremely rare to have something like gender be a bona fide application or job criteria such as we only hire women to work in a women's health club. It's rare and even that might be discriminatory.

Good luck. You have the New York State Division of Human Rights, the New York City Commission on Human Rights for metro NYC, or the EEOC. They are all swamped but choose one and be patient. Very patient and keep applying for work. Not doing so destroys damages recoveries which most parties seek.

Tim Akpinar agrees with this answer

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