Failure to Hire

Failure-to-Hire Attorney in Sacramento

A California Employment Lawyer Can Help You

Rejection hurts. No one likes to be rejected. That is why many people approach job interviews with a sense of dread and panic. All the time spent preparing for interview questions and all the resources spent selecting the right outfit can all be for naught if the interview goes poorly and you are not hired.

In some cases, it is difficult to know why an employer did not choose you. Perhaps competing job seekers had more experience or were more personable, or perhaps another job seeker got a glowing recommendation from someone that the interviewer esteemed. There is little you can do about these situations. But when a hiring decision is made on the basis of your race, your ethnicity or national origin, your religion, or any other protected characteristic, it crosses the line into hiring discrimination.

Have I Been the Victim of Hiring Discrimination?

Sometimes it is blatantly obvious that hiring discrimination occurred. These cases are usually easily identified because of the questions that are asked during the interview process. The fact that the interviewer was asking questions about certain characteristics raises to a reasonable inference that discrimination played a role in the hiring decision.

  • Be on the lookout for interview questions such as:
  • “Do you plan to have children?” or “How many children do you have?”
  • “Do you plan to get married in the near future?”
  • “When did your family come to the United States?”
  • “Do you take any medications?”
  • “What church do you go to?”
  • “How old are you?”

If the interviewer asked you questions that were not asked of other candidates – especially if those questions are like any of the questions listed above – there is a very strong possibility a negative hiring decision was motivated by discrimination against you.

Other times, however, it may be more difficult to spot hiring discrimination. If all the questions that are asked are appropriate, hiring discrimination may nevertheless be occurring if:

  • The employer has no employees that share any characteristics with you;
  • The employer makes comments suggesting that he or she tries to cultivate a certain atmosphere at work;
  • The employer asks questions of you or requires you to take tests or evaluations that are not required of any other job seeker;
  • The employer treats you differently from other job seekers in any way.

In cases where hiring discrimination is suspected but not readily apparent, filing a hiring discrimination lawsuit may allow you and your attorney to view internal memos, e-mails, and notes concerning your candidacy that can either prove or disprove discrimination.

What Happens if Hiring Discrimination Did Occur?

California and federal courts and agencies have a great deal of power to address and correct instances of hiring discrimination.

Some of the remedies that might be available to you include:

  • An order that the employer hire you;
  • Requiring the employer to implement anti-discrimination training programs;
  • An order requiring the employer to adopt new, non-discriminatory hiring procedures;
  • Compensation for lost pay or other expenses and losses you suffered;
  • Punitive damages, in some cases.

How a California Hiring Discrimination Attorney Can Help

In order to bring a successful discrimination lawsuit in California, you must be prepared to follow specific procedural rules and support your contentions with relevant and persuasive testimony and evidence. The Law Offices of Gay Carroll-Haring is able to help you investigate and prosecute your hiring discrimination lawsuit. I have almost two decades of experience helping clients fight unlawful discrimination by holding employers accountable.

Contact me at 916-443-3553 to discuss your case and to take advantage of my firm’s experience in representing victims of employment discrimination.