State and Federal Laws prohibit employment discrimination. Areas regulated include discrimination on the basis of age, race, creed, color, disability, marital status, sex, national origin, ancestry, arrest record and conviction record. As an employer and, or an employee, it is important that you know what your rights are.
Many people do not realize that they have rights when applying for a job and they also have rights after employment has ended. These are in addition to rights they have while employed.
Employers have to ensure that all of their hiring procedures are non-discriminatory. Job applicants have successfully challenged hiring procedures that are discriminatory. Employers who have discriminated have been forced to award positions and provide back pay. Discrimination is not always obvious. It can be very subtle. It is important for employers to constantly monitor their hiring practices to insure that hiring practices are not discriminatory. Job applicants who are consistently being rejected for employment need to evaluate potential reasons for why they were not hired. It is possible that they are experiencing discrimination. The discrimination could be based on something in the present or something that occurred in the past. In many instances it could be a bad reference from a past employer.
Job applicants need to understand that their employment record, in many respects, is like their credit record. Past events can be costing them in the present. Like a credit record, an employment record can be wrong. It may be beneficial for a job applicant to verify what past employers are saying about them.
A past employer can be asked to change a negative reference. An employee should request that an erroneous negative reference be changed. If the error can be substantiated, good employers will immediately correct the reference. However, if a former employer refuses to change a reference, it may be necessary to seek legal counsel. An attorney could review with you what steps are available to correct the situation. A false reference could be grounds for an action in libel and/or slander. It could also be the basis for a discrimination claim.
The days when an individual would work their whole career with one employer are gone. You can anticipate working for numerous employers during your career. Just like your credit report, your employment record needs to be monitored. A bad employment report can cost you a job in the future. The time you spend checking your employment record is time well spent. If you are constantly being turned down for employment, the answer may lie in your past employment history and what your former employers are saying about you during reference checks.