Can I Prove Discrimination in the Hiring Process?

If you suspect you were discriminated against during a hiring interview or job application process, you’re not alone—and you may have legal options to bring this forward. Many job seekers wonder, “Can I sue for this?”, “How do I know I was discriminated against during the interview process?”, or “Does this count as discrimination?” The answer is yes, discrimination in the hiring process can occur, is illegal, and with the right evidence and legal representation, you can hold employers accountable for these types of practices.

Understanding Your Legal Protections

Federal and state laws provide robust protections against hiring discrimination. As stated in our previous blog entries, Title VII of the Civil Rights Act prohibits employers from discriminating based on race, color, religion, sex, or national origin. An employer may not take an adverse employment action against an employee based on any of these protected characteristics, such as a refusing to hire or promote an individual. The Americans with Disabilities Act (ADA) protects individuals with disabilities, while the Age Discrimination in Employment Act (ADEA) safeguards workers 40 and older from age-based bias. In New York State, the New York Human Rights Law offers even broader protections than federal statutes, covering additional categories and smaller employers.

According to the EEOC, it is illegal for employers to discriminate against job applicants during any stage of the hiring process. This includes refusing to provide employment applications to certain groups, posting biased job postings with discriminatory requirements, conducting interviews with prejudiced questioning, or making hiring decisions based on stereotypes rather than qualifications. Employers also cannot use recruitment methods that exclude protected groups, apply different standards to applicants based on protected characteristics, or retaliate against individuals who oppose discriminatory practices.

Recognizing Discriminatory Practices

Discrimination during the hiring process can take many forms. You might have been subjected to inappropriate questions about your age, disability, religion, or family plans. Perhaps you noticed the employer consistently hired individuals of one demographic while excluding equally or better-qualified candidates from protected groups based on the availability of the staff you can find on LinkedIn. Sometimes, a biased job posting reveals discriminatory intent through unnecessarily restrictive requirements that disproportionately exclude certain applicants.

The EEOC notes that certain hiring practices may have an especially negative effect on particular groups—such as height or weight requirements that disadvantage women, or physical tests that disproportionately screen out older applicants, or those with a physical condition.

Evidence That Proves Discrimination

Successfully proving discrimination in the hiring process requires substantial evidence. Several types of documentation can support your claim:

• Direct Evidence is evidence of a fact based on the witnesses personal knowledge, acquired by their senses. It may prove of guilt if the evidence satisfies a jury that guilt of the offense has been proved beyond a reasonable doubt. Direct evidence includes any explicit statements, emails, or direct testimony from the employer revealing discriminatory intent. While rare, such evidence is the strongest form of proof.
• Circumstantial Evidence is evidence of a fact that requires reasoning or inference to connect it to a fact in question, unlike direct evidence (like an eyewitness) that proves a fact directly. An example of evidence such as this would be disparate treatment, 
• Comparative Data demonstrates patterns of discrimination by showing how the employer treated similarly situated candidates differently. If you can document that less-qualified candidates from non-protected groups received job offers while you were rejected, this comparison strengthens your case.
• Witness Testimony from other applicants, employees, or individuals who observed discriminatory behavior can corroborate your experience and establish a pattern of bias from the employer.
• Documentation such as job postings, application materials, interview notes, rejection letters, and any communications with the employer should be preserved. Be advised to check your state’s regulations about what types of communication are safe to document. These materials may reveal inconsistencies or discriminatory language.

The Role of the EEOC

Before filing a lawsuit under federal law, you must file a charge with the Equal Employment Opportunity Commission (EEOC). The EEOC investigates discrimination complaints and determines whether there is reasonable cause to believe discrimination occurred. Be aware that strict time limits apply—you typically have 180 to 300 days from the discriminatory act to file your charge, depending on your location.

How a New York Discrimination Lawyer Can Help

Navigating employment discrimination laws is complex, which is why partnering with an experienced New York discrimination lawyer is crucial. A skilled lawyer can:

• Evaluate whether your situation constitutes actionable discrimination under Title VII, the ADA, ADEA, or New York Human Rights Law.
• Gather and preserve critical evidence, including comparative data and witness testimony.
• File your EEOC charge within required deadlines and represent you throughout the investigation.
• Negotiate settlements or pursue litigation to recover damages for lost wages, emotional distress, and other harm
• Navigate both federal and state legal frameworks to maximize your protections.

An employment discrimination lawyer understands how to build compelling cases even when direct evidence is lacking, using circumstantial evidence and established legal precedents to demonstrate that discriminatory practices influenced the hiring decision.

Take Action

If you believe you experienced discrimination during the hiring process, you have the power to stand up for your rights. Taking prompt action protects your legal options and strengthens your case. By connecting with a New York employment discrimination lawyer, you gain an advocate who can assess your situation, clearly explain your rights, and guide you confidently toward justice. Remember: discrimination in hiring is not just unfair—it’s illegal. You deserve equal treatment, and the law is on your side to hold employers accountable and create positive change.

Call a New York Employment Law Attorney Now

We at Filippatos PLLC stand in proud solidarity with any and all workers facing discrimination in the workplace, including the LGBTQIA+ community and diverse communities. We believe that all people deserve the right to exist freely, no matter who they love, how they express their gender, practice their religion, or celebrate their heritage. If you are experiencing discrimination at work, please give us a call at 888-9-JOBLAW for a free consultation. We will do our utmost to help secure you the justice you deserve.