A Look at Employment Discrimination Laws for Application and Hiring

Employment laws apply not only to the treatment of employees but also to the application and hiring process. If you are an employer who is unsure of your responsibilities under the law or a prospective employee who believes your rights have been violated, speak to an employment law attorney in San Jose for insight into your case.

Employers cannot discriminate against job applicants for race, religion, sex, gender identity, sexual orientation, national origin, disability, genetics, or age, if the person is over 40. Employers also cannot consider stereotypes or assumptions about these groups during the hiring process. When a test is required during the hiring process, the test must be clearly related to the job and cannot exclude people based on any protected class. If a job applicant has a disability and requires an accommodation during the hiring process, the employer must provide it if it can be obtained without excessive hardship or expense. A labor attorney can provide employment law advice to applicants and employers to ensure that these rights are being honored appropriately.

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