Applying for work

Some federal, state, and local anti-discrimination laws specifically prohibit certain treatment from a prospective employer. 

Employment protections apply to applicants for jobs as well as employees, former employees, and trainees or apprentices. Generally, the laws also apply to employment agencies and their practices. 

Sometimes the treatment can be excused if the employer can show it was related to a necessary function of the job. 

For example, a job posting for firefighters may say “Applicants must be able to meet strenuous fitness, lifting, and physical requirements, including lifting over 150 pounds alone.” But they may not restrict applications from a protected class or status by saying “only men may apply” or “no disabilities.” 

The posting can’t assume or imply that women or other protected classes couldn’t meet these requirements. But it isn’t discrimination to have these requirements, even if many people couldn’t do this, because these requirements are necessary and related to a job function.

If a business’s main purpose is religious, preferences related to religion in their hiring that would otherwise be discriminatory may be allowed. But religious organizations still may not discriminate against other protected classes, like race, color, disability, sex, age, and national origin. 

Examples

Other examples of prohibited discriminatory acts in job posts and during hiring: 

• Job advertisements that discourage someone with a protected class from applying or other recruitment efforts that discriminate against protected classes. This includes failing to provide reasonable accommodation requested by applicants so that they can apply, unless the accommodation is too hard or expensive for the employer.
• Hiring preferences against people from a protected class, including prohibiting employers from basing hiring decisions on stereotypes and assumptions about a protected status.
• Requiring tests to get a job must be necessary and related to the job and can’t exclude people of a protected class.
• Employers, unions, and employment agencies involved in referrals can’t discriminate against prospective employee referrals based on a protected class.
• Former employers can’t give you a negative or false reference because you have a protected status.
• Questions about your protected class status or questions that would make you reveal a status through identifying with certain groups, organizations or associations. Employers shouldn’t ask you for a photo of yourself until after you’re hired. Employers shouldn’t have height and weight requirements. They shouldn’t ask about your marital status, family status, or family plans. 
• Prospective employers also can’t ask you to identify if you have disability. They shouldn’t ask you to provide medical information or have a medical exam before you are hired. 
• If the employer does ask questions related to a protected class, they can’t use the information to discriminate in hiring preference and should have had a justifiable job-related reason for asking.