Job Descriptions and Careers, Career and Job Opportunities, Career Search, and Career Choices and Profiles » New Articles » Getting the Job, Finding Job Opportunities, Marketing Yourself, Presenting Yourself in an Interview

Getting the Job - Take Charge

interview interviewer compensation federal discrimination law employees

Job hunting is primarily a matter of organizing a well-planned campaign. Scan the classified ads, search through online job banks, watch for trends in local industry that might be reported in the news, and check with people you know in the field. Take the initiative. Send out carefully crafted resumes and letters. Respond to ads. Finally, in an interview, state your qualifications and experience in a straightforward and confident manner.

DO YOU KNOW YOUR RIGHTS?

JOB DISCRIMINATION—WHAT IT IS

Federal and State Law

An employer cannot discriminate against you for any reason other than your ability to do the job. By federal law, an employer cannot discriminate against you because of your race, color, religion, sex, or national origin. The law applies to decisions about hiring, promotion, working conditions, and firing. The law specifically protects workers who are over the age of forty from discrimination on the basis of age.

The law also protects workers with disabilities. Employers must make their workplaces accessible to individuals with disabilities—for example, by making them accessible to wheelchairs or by hiring readers or interpreters for blind or deaf employees.

Federal law offers additional protection to employees who work for the federal government or for employers who contract with the federal government. State law can also provide protection, for example by prohibiting discrimination on the basis of marital status, arrest record, political affiliations, or sexual orientation.

Affirmative Action

Affirmative action programs are set up by businesses that want to make a special effort to hire women and members of minority groups. Federal employers and many businesses that have contracts with the federal government are required by law to set up affirmative action programs. Employers with a history of discriminatory practices may also be required to establish affirmative action programs.

Discrimination against Job Applicants

A job application form or interviewer may ask for information that can be used to discriminate against you illegally. The law prohibits such questions. If you are asked such questions and are turned down for the job, you may be a victim of discrimination. However, under federal law, employers must require you to prove that you are an American citizen or that you have a valid work permit.

Discrimination on the Job

Discrimination on the job is illegal. Being denied a promotion for which you are qualified or being paid less than coworkers are paid for the same job may be forms of illegal discrimination.

Sexual, racial, and religious harassment are forms of discrimination and are prohibited in the workplace. On-the-job harassment includes sexual, racial, or religious jokes or comments. Sexual harassment includes not only requests or demands for sexual favors but also verbal or physical conduct of a sexual nature.

JOB DISCRIMINATION—WHAT YOU CAN DO

Contact Federal or State Commissions

If you believe that your employer practices discrimination, you can complain to the state civil rights commission or the federal Equal Employment Opportunity Commission (EEOC). If, after investigating your complaint, the commission finds that there has been discrimination, it will take action against the employer. You may be entitled to the job or promotion you were denied or to reinstatement if you were fired. You may also receive back pay or other financial compensation.

Contact a Private Organization

There are many private organizations that can help you fight job discrimination. For example, the American Civil Liberties Union (ACLU) works to protect all people from infringement on their civil rights. The National Association for the Advancement of Colored People (NAACP), National Organization for Women (NOW), and Native American Rights Fund may negotiate with your employer, sue on your behalf, or start a class action suit—a lawsuit brought on behalf of all individuals in your situation.

WHAT TO DO IF YOU LOSE YOUR JOB

Being Fired and Being Laid Off

In most cases, an employer can fire you only if there is good cause, such as your inability to do the job, violation of safety rules, dishonesty, or chronic absenteeism.

Firing an employee because of that employee's race, color, religion, sex, national origin, or age (if the employee is over forty) is illegal. Firing an employee for joining a union or for reporting an employer's violation (called whistle-blowing) is also prohibited. If you believe you have been wrongfully discharged, you should contact the EEOC or the state civil rights commission.

At times, employers may need to let a number of employees go to reduce costs. This reduction in staff is called a layoff. Laying off an employee has nothing to do with the employee's job performance. Federal law requires employers who lay off large numbers of employees to give these employees at least two months' notice of the cutback.

Unemployment Compensation

Unemployment insurance is a state-run fund that provides payments to people who lose their jobs through no fault of their own. Not everyone is entitled to unemployment compensation. Those who quit their jobs or who worked only a few months before losing their jobs may not be eligible.

The amount of money you receive depends on how much you earned at your last job. You may receive unemployment payments for only a limited period of time and only so long as you can prove that you are actively looking for a new position.

Each claim for unemployment compensation is investigated before the state makes any payments. If the state unemployment agency decides to deny you compensation, you may ask the agency for instructions on how to appeal that decision.

OTHER PROTECTIONS FOR EMPLOYEES

Honesty and Drug Testing

Many employers ask job applicants or employees to submit to lie detector tests or drug tests. Lie detector tests are permitted in the hiring of people for high security positions, such as police officers. Some states prohibit or restrict the testing of applicants or employees for drug use. Aptitude and personality tests are generally permitted.

Other Federal Laws

The Fair Labor Standards Act prescribes certain minimum wages and rules about working hours and overtime payments. Workers' compensation laws provide payment for injuries that occur in the workplace and wages lost as a result of those injuries.

The Occupational Safety and Health Act sets minimum requirements for workplace safety. Any employee who discovers a workplace hazard should report it to the Occupational Safety and Health Administration (OSHA). The administration will investigate the claim and may require the employer to correct the problem or pay a fine.

Rights Guaranteed by Contract

Not every employee has a written contract. If you do, however, that contract may grant you additional rights, such as the right to severance pay in the event you are laid off. In addition, employees who are members of a union may have certain rights guaranteed through their union contract.

Before you sign any contract, make sure you understand every part of it. Read it thoroughly and ask the employer questions. Checking the details of a contract before signing it may prevent misunderstanding later.

TRADE AND PROFESSIONAL JOURNALS

The following publications may help you understand the job market for your industry. By reasearching these journals, you may also learn about job openings and employment opportunities in your field.

Getting the Job - References and Resources [next] [back] Getting the Job - Representing Yourself in an Interview

User Comments

Your email address will be altered so spam harvesting bots can't read it easily.
Hide my email completely instead?

Cancel or