What if I Was Passed Over for a Job Opportunity Because of Discrimination?

Discrimination in the workplace is not just unfair; it is illegal. If you believe you were passed over for a job opportunity due to discrimination, you have rights and legal options to explore. Understanding these rights is the first step toward taking action. At Carcich O’Shea, we guide employees through this process to ensure they are treated fairly under the law.

Identifying Discrimination in the Hiring Process

Discrimination can take many forms and is not always easy to identify. However, the law protects employees and job applicants from being treated differently based on race, gender, age, disability, religion, sexual orientation, or national origin. These categories are legally protected, and if an employer makes hiring decisions based on them, it may be considered discrimination.

For example, if you were qualified for a promotion but were passed over in favor of someone less qualified due to your gender or race, that could indicate discrimination. Similarly, if an employer made comments about your age or ethnicity during the hiring process, and then denied you the position, you may have a valid claim.

To build a case, it is important to gather evidence. Keep any documentation, such as emails or messages, that might show discriminatory behavior. Additionally, document any conversations or interviews where you felt the employer’s remarks were inappropriate or targeted a protected characteristic. Evidence like this can be crucial if you decide to take legal action.

What Can You Do If You Were Discriminated Against?

If you suspect discrimination, taking the right steps is critical. The first thing to do is review your company’s policies and procedures. Many employers have processes for reporting and addressing discrimination. Filing a complaint internally might help resolve the issue without the need for legal intervention. However, if the employer does not respond appropriately, or if you prefer not to use internal channels, you have other options.

The Equal Employment Opportunity Commission (EEOC) is a federal agency that enforces laws against workplace discrimination. You may file a charge of discrimination with the EEOC. This step is necessary before you can file a lawsuit in court. The EEOC will investigate your claim and may try to mediate a solution. If they find evidence of discrimination, they could take legal action against your employer on your behalf or issue a “Right to Sue” letter.

New Jersey also has its state agency, the New Jersey Division on Civil Rights (DCR). Like the EEOC, the DCR investigates workplace discrimination and can provide resources to help you build your case. Filing with both the EEOC and the DCR is often beneficial to ensure all potential avenues for resolution are explored.

In cases where the EEOC or DCR does not resolve the issue, you may need to consult with an employment attorney. A lawyer will help you understand your rights and the strength of your case, guiding you through the legal process. Legal representation is particularly valuable if you wish to negotiate a settlement or if you need to file a lawsuit. It is important to act promptly, as there are time limits for filing discrimination claims.

A Bergen County Discrimination Lawyer at Carcich O’Shea Will Protect Your Rights

If you were passed over for a job opportunity due to discrimination, you do not have to face it alone. The law provides avenues for justice, but acting quickly and seeking professional guidance is essential. Speak with a Bergen County discrimination lawyer at Carcich O’Shea today. Contact us at 201-988-1308 or online to schedule your consultation. Located in Hackensack, New Jersey, we proudly serve clients in Bergen County, Edison County, Essex County, Morris County, and Passaic County.