Landing a job interview is exciting. It feels like the first step toward something new—maybe even life-changing. However, that excitement can take a quick turn when something feels off. Perhaps the interviewer asks about your age or family plans. Maybe you noticed the job posting has excluded people with certain backgrounds. Or perhaps you have walked away convinced that the decision to reject you had nothing to do with your qualifications.
That gut feeling might be more than just intuition—it could be a sign of hiring discrimination. And proving it matters. Not only for your own case, but because every successful challenge helps hold employers accountable and prevents others from facing the same unfair treatment.
At Joseph & Norinsberg, our accomplished trial lawyers have decades of experience in employment litigation in New York City. With over 200 employment discrimination cases handled and a 98% success rate, we have the experience and resources to help you understand your rights, protect your livelihood, and hold employers accountable for their discriminatory actions.
So, how do you prove a case of hiring discrimination? Let’s break it down step by step.
Table of Contents
- What Is Hiring Discrimination?
- What Are the Signs You May Be Facing Hiring Discrimination?
- What Evidence Do You Need to Prove Hiring Discrimination?
- What Are the Legal Standards for Proving Hiring Discrimination?
- What Steps Can You Take if You Suspect Hiring Discrimination?
- Contact Joseph & Norinsberg For Your Employment Law Cases
What Is Hiring Discrimination?
Hiring discrimination occurs when an employer bases an adverse hiring decision on a job applicant’s protected characteristic instead of their qualifications. Under federal law, this is strictly prohibited.
The foundation of anti-discrimination law is Title VII of the Civil Rights Act of 1964, which bans discrimination based on race, color, religion, sex, and national origin. The Americans with Disabilities Act, or ADA, extends protections to individuals with physical or mental disabilities. The Age Discrimination in Employment Act, or ADEA, protects applicants who are 40 years old and older from being denied opportunities solely because of their age.
In addition to federal protections, New Yorkers benefit from even stronger safeguards. The New York State Human Rights Law and the New York City Human Rights Law cover a broader range of categories, including sexual orientation, gender identity, marital status, military service, and lawful recreational activities outside of work. These local laws are often broader and more employee-friendly than federal ones.
What Are the Signs You May Be Facing Hiring Discrimination?
Discrimination isn’t always obvious. Sometimes it shows up in a poorly worded job posting; other times it’s hidden in the kinds of questions you’re asked during an interview. Here are some common red flags to watch out for:
- Biased job postings: Job listings that include phrases such as “young and energetic,” “recent graduates only,” or “must be able-bodied” may signal exclusionary hiring practices.
- Inappropriate interview questions: Inquiries about your age, marital status, plans to have children, religious practices, or medical conditions are typically irrelevant to the job and can show discriminatory intent.
- Unequal treatment: If two candidates have similar qualifications but one is treated more favorably because of race, gender, or another protected trait, that’s a sign of bias.
- Shifting explanations: When an employer keeps changing their reason for not hiring you, it can indicate that the real reason is something they don’t want to admit.
- Patterns of exclusion: If the company rarely hires people from certain backgrounds, despite having qualified applicants, that pattern itself may support a claim of discrimination.
What Evidence Do You Need to Prove Hiring Discrimination?
Proving discrimination requires more than just a gut feeling. Solid evidence is key. Here are the main types of evidence that can help build your case:
- Direct evidence: This is the smoking gun—emails, text messages, or verbal statements where an employer explicitly says they’re not hiring you because of your age, race, gender, or another protected trait.
- Comparative evidence: Proof that an employer hired another applicant with equal or lesser qualifications instead of you can help establish bias.
- Statistical evidence: Data that shows a pattern of excluding certain groups from employment, such as an employer consistently rejecting older applicants, can strengthen a case.
- Witness testimony: Statements from people who observed discriminatory behavior—whether other applicants, employees, or recruiters—can help prove your claim.
- Documentation: Keeping records of job postings, emails, interview notes, and anything unusual that happened in the hiring process provides a paper trail to back up your suspicions.
What Are the Legal Standards for Proving Hiring Discrimination?
Courts and agencies don’t just take accusations at face value. There’s a legal framework for proving hiring discrimination.
Discrimination cases often rely on proving disparate treatment. Disparate treatment occurs when an employer treats an employee or job applicant differently based on a protected trait of that person. Under federal and state laws, employers are prohibited from discriminating against job applicants based on skin color, race, religion, sexual orientation, gender identity, place of origin, age, disability status, or family genetic history.
Next, to succeed in a hiring discrimination case, you must meet the burden of proof—you, the applicant, must show by a preponderance of the evidence that discrimination occurred. That doesn’t mean you need absolute proof, but you must present enough evidence to show your claims are more likely than not true.
Agencies such as the Equal Employment Opportunity Commission, or EEOC, and the New York Department of Human Rights evaluate the evidence, looking at things such as whether the employer’s stated reason for not hiring you was legitimate or just a cover for bias.
If your case moves to court, judges will weigh all the evidence to decide whether it shows that discrimination occurred.
What Steps Can You Take if You Suspect Hiring Discrimination?
If you believe you were passed over for a job because of discrimination, here’s what you can do:
- Save everything. Keep copies of job postings, application materials, emails, rejection letters, and notes from interviews.
- Write down details. After an interview, jot down what was said, especially if anything felt inappropriate or off. Dates, names, and exact wording can all become important later.
- Look for witnesses. If someone else overheard discriminatory comments, ask if they’d be willing to share their perspective.
- File a claim. You can file a charge with the EEOC or with state or city agencies, such as the New York State Division of Human Rights.
- Consult a lawyer. An experienced New York discrimination lawyer can investigate, gather evidence, build a strong case, negotiate for a settlement, litigate your case, and help you navigate the process.
The attorneys at Joseph & Norinsberg have helped many applicants prove discrimination in hiring. They know that cases aren’t won by flashy courtroom theatrics, but by meticulous preparation and relentless effort behind the scenes.
Contact Joseph & Norinsberg For Your Employment Law Cases
If you suspect you’ve been denied a job because of hiring discrimination, you don’t have to face the process alone. The team at Joseph & Norinsberg is passionate about standing up for workers who’ve been mistreated. With over 100 years of combined experience in employment law and workplace discrimination, our trial-tested litigators will work tirelessly to get you the maximum possible compensation for your case.
Together, we can help you fight back against discriminatory hiring practices and pursue the justice you deserve.
Contact us online or call 212-227-5700 today for a free consultation.
