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Can an Employment Discrimination Attorney Help if You're Never Hired?

In many situations, people contact an employment discrimination attorney because of something that happens to them on their job. For example, if you are passed over for a promotion because of your race or are fired because of your religion or subject to harassment because of your gender, these are all examples of unlawful discrimination which could result in legal action. 

Sometimes, however, you may not even get through the hiring phase as a result of the discrimination that you endure. If an employer refuses to hire you and you believe that there was a discriminatory reason for that failure, you should contact an employment discrimination attorney. Your attorney can take appropriate legal action on your behalf to pursue remedies available to you under state law and under federal law.

How Do You Know You Weren't Hired Because of Discrimination?

It can be difficult to determine why you were not hired, as there may be many reasons why someone would be passed over for a job. However, if discrimination of any type played a role in you not being hired for a position you were qualified for, it becomes very important to understand whether the potential employer violated anti-discrimination laws.

There are a few red flags which could suggest an employer you were trying to work for failed to hire you for discriminatory reasons. Some signs that discrimination played a role in your non-hire include:

  • An employer making discriminatory comments. Sometimes, employers will directly come out and say they won't hire you because of your protected status. Since employers know this is unlawful, some will try to hide their beliefs about why they aren't hiring you.
  • A test that results in more minorities being disqualified. If you are asked to take a test as a condition of being hired and if that test is one that most people of a particular protected class fail, it is possible the test itself is creating a form of unlawful discrimination that is called called disparate impact discrimination.
  • A lack of diversity in the workforce. If you look around and the employer has hired no older workers or has hired no minority employees or employees of particular religious beliefs, this could be a red flag that the company's hiring practices discriminate against the particular set of workers in question.

These are just some of many possible indicators that hostility to your protected status was the reason you were not hired by a potential employer. If you think that there is any possibility that your race, religion, gender, national origin, advanced age, color, or disability status affected your ability to be hired for a particular job, you should get legal help right away.

What an an Employment Discrimination Attorney Do For You?

An employment discrimination attorney will assist you in looking at the big picture surrounding why you were not hired for a job that you applied for. Your attorney will help you to determine if discrimination of any type occurred that affected your chances of employment. If so, your lawyer will assist you in subpoenaing relevant documents, interviewing witnesses, and otherwise gaining information needed to prove unlawful discrimination happened.

Curley & Rothman, LLC has experience assisting clients in proving complicated anti-discrimination claims, including claims that arise when someone has not been hired. Our legal team can help you make the strongest case possible. We can also advise you on the process of making a complaint of unlawful discrimination with the Equal Employment Opportunity Commission (EEOC) and can represent you in civil litigation aimed at recovering monetary damages for the discriminatory behavior.

Getting Help from An Employment Discrimination Attorney

An employment discrimination attorney at Curley & Rothman, LLC can provide you with assistance in determining if an employer failed to hire you for discriminatory reasons. Your attorney can help you to gather the essential proof of discrimination that you will need to move forward with a complaint to the Equal Employment Opportunity Commission or to move forward with a civil case. The goal of your attorney is to assist you in pursuing the most appropriate legal remedy for the unlawful discrimination that you endured.

Curley & Rothman, LLC knows the ins-and-outs of state and federal anti-discrimination regulations. Our legal team can offer you the assistance you need in pursuing a case and sometimes obtaining compensation for damages. Give us a call at 610-834-8819 or contact us to speak with a member of our legal team and to find out more about how we help those who were deprived of job opportunities for discriminatory reasons.

Employment LawScott Rothman