I am over 40 years old and recently went through an entire job application, hiring process for a sales related job with a large company (over 1 billion in annual profits - 10,000+ employees). I was asked numerous illegal interview/application questions - spouse details (job, earnings, parents names and contact info, spouses parents jobs and career info), family (child support payments, amounts, various debts (car payment, mortgage, rent)), dependents (number in household, number outside of household), marital status, participatory sports, religion (preferred religion) and age DOB and how old). Then I was sent a bland turn down email when clearly I was the best candidate. They would not respond when I tried to get an answer as to why - it was obvious it was due to one of the many illegal questions they asked. They clearly used illegal questions and discrimination here. The job has no age limiters or qualifications affecting it. Prior to this I received a similar rejection letter from a company that point blank told me I was too old at the beginning of the second interview and then proceeded to basically abuse me in the interview - very mean and hostile interrogation style (like what you would see in a police interrogation of a suspected murderer). This company is also large (10,000+ employees and over 1 billion in annual profits). Both were within the past 35 days. It is important to note that I went through many stages for these applications to include IQ tests, personality tests, background and credit checks and more. In each case I was fully qualified (college degree with high gpa in business) and successfully passed each and every stage until the end (also, in both cases I was told I beat all the other applicants in all the tests). I have full documentation and proof of everything that documents the illegal questions, how I passed each level of the application process and tests and more (all emails, applications, forms, etc.) Do you think I have a discrimination case for one or both cases? What should I do?
Employment / Labor Attorney
Actually, few of those would be unlawful questions. In fact, the ones that might be unlawful could be lawful within a certain context. If you believe that you have been discriminated against on the basis of race, color, sex, national origin, religion, disability or age, you must file a charge with the EEOC within 180 days of the adverse action, i.e. the failure to hire you.
I am including a link to the EEOC's website below.
Kirk J. Angel is an experienced North Carolina licensed attorney who focuses his practice on employment law. Mr. Angel, who has focused on employment law for more than 15 years, represents clients throughout North Carolina and more information about him is available at www.theangellawfirm.com This response is for general informational purposes and does not constitute legal advice. Additionally, this response does not create an attorney client relationship. If you need legal advice, please contact a lawyer in your state who practices in the appropriate area.
2 lawyers agree