{"id":11386,"date":"2021-08-11T18:37:47","date_gmt":"2021-08-11T18:37:47","guid":{"rendered":"https:\/\/www.losangelesemploymentattorney.org\/?page_id=11386"},"modified":"2025-12-11T19:50:01","modified_gmt":"2025-12-11T19:50:01","slug":"derechos-legales-durante-el-proceso-de-contratacion-2","status":"publish","type":"page","link":"https:\/\/www.losangelesemploymentattorney.org\/es\/legal-rights-during-the-hiring-process\/","title":{"rendered":"Derechos legales durante el proceso de contrataci\u00f3n"},"content":{"rendered":"

\"Derechos<\/a><\/p>\n

Employment rights are focused on the protections you have once you are officially hired. However, federal and California laws apply to job seekers as well, particularly the right to be given a fair chance at a job opportunity. With that in mind, applicants are protected from certain kinds of discrimination during the hiring process.<\/p>\n

Do you suspect that your employer asked you questions during the interview that are in violation of state and federal anti-discrimination laws? Were you subjected to unlawful procedures before a job offer was extended to you, and want to learn more about your rights and legal options?<\/p>\n

Our attorneys are here to help with all your questions and concerns. Contact us 24\/7 to schedule a free, private consultation.<\/p>\n

Your Rights During the Hiring Process<\/h3>\n

Depending on the job, there are certain qualifications you need to have in order to be hired. However, employers also have personal biases that can affect their decision to hire someone, and this can pose obstacles and undue hardship for certain workers.<\/p>\n

Please be aware that you have rights from the moment you are contacted by a prospective employer. In fact, many of the laws that protect employees are applicable to those who are looking for work. If an employer violates the laws pertaining to what they can and can\u2019t do during the hiring process, the affected individual has the right to hold them accountable. For more information on the legal actions that are available to you, reach out to us at your earliest opportunity.<\/p>\n

Laws Regarding Fair Job Postings<\/h3>\n

Laws that are meant to protect job applicants and employees apply to advertisements for a job, specifically, the language that is used to describe the job duties and necessary qualifications. As a general rule, employers should refrain from mentioning \u2013 explicitly or indirectly \u2013 a preference for certain protected characteristics, such as:<\/p>\n

    \n
  • Raza o etnia<\/li>\n
  • G\u00e9nero o identidad de g\u00e9nero<\/li>\n
  • Religion or spiritual beliefs<\/li>\n
  • Age range<\/li>\n
  • Creencias pol\u00edticas<\/li>\n
  • orientaci\u00f3n sexual<\/li>\n
  • Not having a disability<\/li>\n<\/ul>\n

    If a job posting implies that candidates will be disqualified based on a protected characteristic, that can be seen as discrimination by the employer.<\/p>\n

    To give you a sense of job ads that are discriminatory, take a look at the following examples:<\/p>\n

      \n
    • Supermarket in need of a strong male for loading and unloading of delivery trucks 5 days a week. <\/strong>You can argue that the ad is discriminating against female applicants or those with physical impairments, as you are using the word \u201cstrong.\u201d If, on the other hand, the posting stated \u201csomeone who is able to lift over 30 pounds for six hours a day,\u2019 that would be acceptable.<\/li>\n
    • Housecleaning service looking for women in their 20s to clean houses, apartments, and other residential properties. <\/strong>With this statement, there is discrimination against male candidates, as well as age discrimination, since they are stating a specific age range. Sticking to a more general description, like \u201csomeone who is able to perform cleaning duties, trash removal, and related tasks for up to 8 hours a day\u201d is the best approach.<\/li>\n
    • Christian business owner looking for a young, female personal assistant with conservative values to answer phones, run errands, manage social media accounts, and many other tasks. <\/strong>Again, there is the problem of stating that the person should be \u201cyoung,\u201d along with discrimination against men and a preference for certain religious values.<\/li>\n<\/ul>\n

      Your Rights during a Job Interview<\/h3>\n

      Employers have the right to conduct a fair interview when they speak with a job applicant. As you would expect an interviewer has the right to ask about your work experience, education, certifications and skills, and other details that help them gauge your suitability for the position. However, they should steer clear of any questions and subjects that are not directly related to an applicant\u2019s ability to perform essential job duties.<\/p>\n

      Here are some personal questions that can violate your rights during a job interview:<\/p>\n

        \n
      • Do you have any kids \/ are you planning to have children in the future?<\/li>\n
      • \u00bfEst\u00e1 casado?<\/li>\n
      • What are your religious beliefs?<\/li>\n
      • How old are you?<\/li>\n
      • \u00bfTienes alguna discapacidad?<\/li>\n
      • \u00bfCu\u00e1l es tu orientaci\u00f3n sexual?<\/li>\n<\/ul>\n

        It\u2019s important to note that employers cannot ask questions in roundabout ways in an effort to find out information that can lead to discrimination. A common example is trying to find out how old you are by asking what year you graduated from college.<\/p>\n

        Making a Fair Employment Decision<\/h3>\n

        By fair employment decision, we are talking about employers hiring people based on factors that do not discriminate against a protected characteristic. Thus, employers can look at variables like how much education you have, what position you had at your prior company, the skills you acquired, and significant accomplishments like awards, commendations, and promotions.<\/p>\n

        Other elements, like your ethnicity, how old you are, and what religion you practice, are irrelevant and must not play a role in the hiring process at any point.<\/p>\n

        Pursuing an Employment Rights Violation Claim<\/h3>\n

        If you were subjected to discriminatory conduct and other violations during your job search, you may have grounds to file a compensation claim. Workplace discrimination cases are extremely challenging, and it\u2019s in your best interest to discuss your situation with a California employment attorney. Our legal team has decades of experience in lawsuits on behalf of workers and job seekers, and we are ready to help you navigate the legal system from start to finish. Please take a moment to contact our office and talk to a workplace discrimination lawsuit attorney.<\/p>\n

        We are Ready to Fight for You<\/h3>\n

        Our law firm understands the challenges you face in the job market, and how employers can overlook candidates based on qualities that have nothing to do with their ability to perform the job effectively. Laws exist to protect workers from discrimination, but the process of filing a claim and obtaining the payment you are owed is a complicated and frustrating process.<\/p>\n

        By retaining our services, you can rest easy knowing that your case is being handled by a team of experienced labor law attorneys. You are also protected by the Zero Fee Guarantee, so you never have to worry about paying us out of pocket. Legal fees are a percentage of your settlement from a successful lawsuit, and this is the only way we get paid.<\/p>\n

        We look forward to hearing your story if your rights were infringed upon by a discriminatory employer. Call us today to receive a free consultation from a California employment lawyer.<\/p>","protected":false},"excerpt":{"rendered":"

        Employment rights are focused on the protections you have once you are officially hired. However, federal and California laws apply to job seekers as well, particularly the right to be given a fair chance at a job opportunity. With that in mind, applicants are protected from certain kinds of discrimination during the hiring process. Do…<\/p>","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"footnotes":""},"class_list":["post-11386","page","type-page","status-publish"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t