Job seekers in New York who have suffered from age-based employment discrimination when applying for a position might wonder how they will be able to prove it. Although some employers make a practice of age discrimination quite obvious, this kind of blatant discrimination is rare. In most cases, an investigation into the employer's hiring process will be necessary to prove that it took place.
Companies all across the country use criminal background checks and pre-employment physicals as a part of the hiring process. How these screening are conducted may concern employment law attorneys in some circumstances. Companies should not have carte blanche to use these processes in ways that can have a disparate impact on groups of people. Laws are in place that may give some workers relief when an employer crosses the line in its pre-employment screenings.
Civil rights laws that protect workers from discrimination in the workplace would arguably not provide any protection at all if a job applicant could never get in the door in the first place. Employment discrimination laws prohibit employers from discriminating in the job hiring process based upon a variety of reasons, including the race of an applicant.