Career Advice

The Difference Between Hiring Discrimination and Employer's Choice Rights

Local Job Stars 16 August, 2021

By law, employers are not allowed to discriminate against people during the hiring process or beyond the hiring process. Sometimes, a person is unclear whether an employer discriminated during the hiring process. Here is some information on the difference between discrimination and employer's rights:

What Is Hiring Discrimination?

Discrimination occurs when an employer fails to hire someone based upon his or her protected status. Examples of protected statuses or classes include race, religious preference, disability, and sexual orientation. For example, an employer cannot refuse to hire someone solely because that person is in a wheelchair and has a disability.

What Are Employer's Rights?

Employers generally have free reign to hire whomever they want to work inside of their establishments. They can also fire whomever they choose. Such things become discrimination if those employment decisions have anything to do with a protected class. Therefore, it is not illegal for an employer to refuse someone a job because that person is underqualified for the position, has a poor criminal history, or fails a drug test. They are free to choose the most suitable candidate in those aspects.

What Should You Do if an Employer Discriminates?

If you feel as though an employer discriminated against you, you can contact an attorney and see if that person will take the case. You may also contact the Equal Employment Opportunity Commission if you feel as though an employer has disqualified you for an illegal reason. They will perform an investigation and make a conclusion based on their findings. Keep in mind that it might be difficult to prove the employer didn't hire you because of your disability or class. A case may take a long time to resolve. However, those are two resources you can use if you feel strongly about being turned down for employment. You have the right to seek assistance either way.

Consider the information you just read and then take the steps you deem necessary according to your situation. Good luck with your next job search as well.