Toni Jaramilla, A Professional Law Corporation - Los Angeles Employment Attorney Toni Jaramilla, A Professional Law Corporation - Los Angeles Employment Attorney
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Discrimination in hiring and recruiting

Much attention in the news is given to situations where an employee currently working for an employer suffers harassment or discrimination. Likewise, Californians often hear about situations in which an employee gets fired or otherwise forced out of her job for discriminatory reasons.

Certainly, this sort of behavior on the part of employers in the Los Angeles area should not be tolerated. However, it is easy to overlook the fact that employers also have certain obligations to potential employees when they are seeking to attract or hire new talent.

For instance, under the law of both the federal government and the State of California, employers must be certain that their recruiting and hiring practices do not exclude groups that are protected against discrimination.

While the specific rules can actually be quite nuanced, one example of potentially unlawful recruiting would be to use advertisements which are designed so that only younger people or men will see them.

Likewise, employers also must use a reasonable consistent screening and evaluating process when they are selecting candidates. Specifically, they cannot require testing that would serve to weed out members of a protected class, except if the employer can show that the testing is necessary given the nature of the job.

Although consistency and a level playing field are key, it is also important for California employees who have particular religious practices or special medical needs to remember that their prospective employers may have to offer an appropriate accommodation, even during the hiring process.

Landing the right job opportunity is very important for most residents of Southern California, as it can often mean the difference between a decent livelihood and financial struggles. Those who feel they have been discriminating against during their application process may have legal remedies available to them.

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